In response to Australian Health Practitioner Regulation Agency (AHPRA) related concerns brought to our office, we have obtained the following information in italics from the Social Policy and Legislation Brand of the Department of Health.

AHPRA is a national body

  • Section 7 states “It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by or under this Law is one single national entity, with functions conferred by this Law as so applied.”
  • Section 23 of the National Law provides that AHPRA represents the State. This means that AHPRA is a government entity and acts in that capacity when it performs its statutory functions. It does not mean that AHPRA is a Queensland statutory body or an entity that it is directly overseen by the Queensland Government.

AHPRA is legislated for in every State and Territory

  • The Australian Health Practitioner Regulation Agency (AHPRA) is established under consistent laws enacted in every State and Territory of Australia and is the subject of an intergovernmental agreement with the Commonwealth, States and Territories.
  • Queensland is the host jurisdiction for the Health Practitioner Regulation National Law (National Law), which establishes AHPRA as a legal entity, and then that Law is equally applied in every State and Territory with equivalent legislation in that State or Territory.
  • Legislative amendments are put forward by all States and Territories through the Ministerial Council as guided by an Intergovernmental Agreement

AHPRA provides uniform regulation of Health Practitioners

  • The National Law provides for the uniform regulation of 16 health professions and over 800,000 registered health practitioners across Australia. The national scheme gives AHPRA regulatory functions as a single national body that is directly accountable to the Ministerial Council, which comprises all Australian Health Ministers.

Oversight of AHPRA

  • Although AHPRA is a national body, it is subject to appropriate oversight in Queensland (and other States and Territories). The Queensland Minister for Health and Ambulance Services is a member of the Ministerial Council, which has oversight of AHPRA under the National Law. The Ministerial Council can give policy directions to AHPRA, approve National Board appointments and approves other significant decisions under the National Law. The Ministerial Council also appoints the chairperson of AHPRA’s Board and may direct the Board in relation to AHPRA’s policies. The Ministerial Council must also approve certain expenditures by AHPRA.
  • The scheme is guided by a national agreement which can be found here.
  • AHPRA may also be required to appear before or provide information to state, territory and Commonwealth parliaments to enable lawmakers to examine AHPRA’s performance and consider potential reforms to the National Law.
  • For example, the Australian Senate Community Affairs References Committee recently completed an inquiry into the Administration of registration and notifications by the Australian Health Practitioner Regulation Agency and related entities under the Health Practitioner Regulation National Law.
  • Similarly, the Health and Environment Committee of the Queensland Legislative Assembly regularly monitors and reviews the operation of the health service complaints management system in Queensland, including the performance of AHPRA in its role as a co-regulatory body which is responsible, together with the Queensland.

Further information regarding AHPRA can be found here.

Further information regarding QLD’s Health and Environment Committee is available at www.parliament.qld.gov.au/Work-of-Committees/Committees/Committee-Details?cid=169

Anyone wishing to contact the QLD Minister for Health, can do so via health@ministerial.qld.gov.au