When is a Health Practitioner Not "a Fit and Proper Person" to Practise Their Health Profession in Australia?

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.