AI Article Synopsis

  • The Health Practitioner Regulation National Law Act 2009 replaced the term "good character" with "fit and proper person" for regulating health practitioners in Australia.
  • "Fit and proper person" emphasizes moral integrity and character but is not explicitly defined in the law; its meaning is shaped by court cases.
  • This concept is crucial in registration, disciplinary actions, and helps boost public trust in the healthcare system while focusing on practitioners’ integrity rather than just their competency.

Article Abstract

Prior to implementation of the Health Practitioner Regulation National Law Act 2009 (Qld) (National Law) the term "good character" was used in the statutory regulation of health practitioners in Australia. "Good character" has been jettisoned in the National Law and replaced with the concept of "fit and proper person". The term "fit and proper person" plays an important role in the regulation of health practitioners under the National Law. "Fit and proper person" is not defined in the National Law but case law has narrowed the term to refer to "moral integrity" and "rectitude of character". These considerations can be applied in the context of application for registration, immediate action, and disciplinary proceedings in relevant tribunals. Application of the "fit and proper person" test serves to enhance public confidence in the integrity of the health professions and the integrity of the regulatory regime, as distinct from protecting the public from unsafe and incompetent health professionals.

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