Applying for and obtaining AHPRA registration

In order to gain registration as a health practitioner in Australia, you must be granted registration by the relevant Board. There are different types of Australian Health Practitioners Registration Agency (‘AHPRA’) registration – general registration, specialist registration, provisional registration, limited registration and non-practising registration.

This article discusses the difficulties some people face when applying for and obtaining AHPRA registration and the processes you may encounter.

What is AHPRA registration?

AHPRA is the national agency responsible for the registration of Australia’s health practitioners. They work with national boards (for example, the Medical Board of Australia, the Nursing and Midwifery Board of Australia, the Pharmacy Board etc).

At the outset it is important to appreciate registration is not an entitlement. It will only be granted by the relevant Board if the Board is satisfied you meet the requirements of the Health Practitioner Regulation National Law which applies in your state.

Suitability considerations when applying for AHPRA registration

You must be considered by the relevant Board ‘suitable’ to hold registration.

The Board will consider the following matters when assessing your suitability:

1. whether you have a health impairment that would detrimentally affect your practise of the profession to an extent that it would or may place the safety of the public at risk;
2. if you have been previously registered in another jurisdiction or an old registration scheme and disciplinary proceedings were commenced against you;
3. if your English-speaking competency is not sufficient to practice;
4. if registration outside of the Australian registration system is suspended or cancelled on the ground for which your registration in Australia could be suspended or cancelled;
5. whether your recency of any previous practise in the profession is sufficient to meet requirements in the recency of practise registration standard relevant to your profession;
6. if you fail to meet any other registration standards;
7. if, for any other reason, you are considered not to be a fit and proper person for general registration or unable to practice the profession competently and safely.

Eligibility for AHPRA registration 

General registration

To be eligible for general registration you must be qualified and have successfully completed any required period of supervised practise or any examination or assessment that is required by the registration standard which covers your profession.

Registration standards set out what criteria you must satisfy to be registered.

You must also be suitable to hold general registration (see above under “suitability conditions”), not be disqualified from applying for registration or being registered, and meet the other requirements in the registration standard for your profession.

Specialist registration

Specialist registration is for people who are recognised in a specialty in their health profession.

You must hold an approved qualification for the specialty or one that is substantially equivalent or based on similar competencies to an approved qualification. Alternatively, you must hold a qualification relevant to the specialty and have successfully completed an examination or other assessment required by the Board for registration in the specialty.

Provisional registration

This kind of registration enables the registrant to complete supervised practice to be eligible for general registration.

You must already hold the qualification for general registration, be suitable for provisional registration (which has the same meaning as for general registration, see above) not be disqualified from applying for registration or being registered, and meet the requirements in the registration standard for your profession.

Criminal history and AHPRA registration

To apply for AHPRA registration, you will be required to produce evidence of your identity and undergo a criminal history check. 

If you have a criminal history which is relevant to your practise as a health practitioner, the relevant Board will decide whether you are an appropriate person to practise and/or whether it is in the public interest for you to practise.

Whether your criminal history is relevant to your practise depends on a number of factors, such as:

1. nature and gravity of the offence or alleged offence;
2. the period of time since you committed or allegedly committed the offence;
3. whether a finding of guilt or a conviction was recorded or charges are still pending
4. the sentence imposed;
5. your age and the age of any victims at the time of the offence or alleged offence;
6. whether or not the offence has been decriminalised;
7. the likelihood of future threat to a patient by you;
8. the information you give to the Board;
9. any other matter that the Board considers relevant.

The application registration form requires you to declare your criminal history. Failure to declare criminal history during the AHPRA registration process may have significant adverse consequences.

If you declare your criminal history, AHPRA may send you a letter asking you to provide an explanation in relation to it. We recommending obtaining legal advice at this point so that you can be advised on the appropriate response to provide to AHPRA and any other documents you need to supply to ensure your best chance of having your registration granted.

GET ADVICE FROM A HEALTH LAW LAWYER:  1800 659 114

Notably, once registered, you also have an obligation to notify AHPRA of any criminal charges that arise during your registration. You can read more about this in our earlier blog, “Health practitioners’ obligations to notify AHPRA of criminal charges”.

When AHPRA asks you for more information

After receiving your application form and the other necessary information, AHPRA will assess your registration and you will be advised whether you are required to provide any further information to the Board.

AHPRA usually sends an email to applicants notifying them of any further information which is required and the time by which they must respond. As this information may be used in deciding whether or not to grant your registration, you should obtain legal advice before providing any requested information to the Board.

GET ADVICE FROM A HEALTH LAW LAWYER:  1800 659 114

You must provide the Board with the information by the date required or the application will be considered to be withdrawn. Therefore, it is critical you supply the requested information within the stated timeframe or obtain an extension of time from AHPRA.

If, after considering your application, the Board proposes to refuse your application or place conditions on your registration, AHPRA will notify you of the proposed refusal/conditions and invite you with an opportunity to respond within 30 days or more about the proposal.

We recommend you seek advice from a lawyer experienced in health law as soon as possible after receiving a notice of proposed refusal/conditions to ascertain whether you have any grounds for arguing the Board should grant your registration.

If the Board registers you with conditions or refuses to register you at all, you may apply for a review of the decision to a Tribunal. There are very strict timeframes which apply, and you should contact a lawyer as soon as receiving the Board’s decision.

Get help with your AHPRA registration from a health law lawyer

Hall Payne Lawyer’s health law team has assisted many clients who have received proposals to refuse their registration or place conditions on their registration. Give our office a call today if you need advice. Remember, there are time limits associated with the AHPRA registration process, so it’s important that you act swiftly if you have any issues.

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.

Phone: 1800 659 114
Email: general@hallpayne.com.au

Further reading

• Making statements over the phone to AHPRA
• AHPRA framework to manage vexatious complaints against health practitioners
• Health practitioners’ obligations to continually update National Board