Introduction
Ahpra’s new Criminal History Registration Standard came into effect on 15 July 2026 (2026 Standard), together with the accompanying Guide to the application of the Criminal history registration standard published on the same date (Guide).
The 2026 Standard replaces the 2015 Criminal History Registration Standard (2015 Standard). It sets out the factors National Boards must consider when assessing a health practitioner’s criminal history, while the Guide provides detailed guidance on how those factors may be applied in practice.
While the fundamental objective of protecting the public remains unchanged, the 2026 Standard provides greater clarity and a more structured framework for assessing whether an individual’s criminal history affects their suitability for registration as a health practitioner.
Who does the 2026 Standard apply to?
The 2026 Standard applies to:
- all individual health practitioners applying for registration;
- currently registered health practitioners; and
- registered students across all 15 regulated health professions in Australia.
The Guide states that:
The National Law[1] requires an applicant for registration as a health practitioner to declare to the National Boards their criminal history within and outside of Australia[2] and imposes an ongoing obligation on registered health practitioners to declare changes to their criminal history at renewal of registration[3] and while holding registration[4].
The National Law[5] defines criminal history as:
- every conviction of the person for an offence;
- every plea of guilty or finding of guilt by a court of the person for an offence, whether or not a conviction is recorded for the offence;
- every charge made against the person for an offence.
What are the key changes and focus areas?
The 2015 Standard focused on whether a practitioner’s criminal history was relevant to registration and whether registration could be granted consistently with public protection. It did not, however, provide the same level of detailed guidance about how particular circumstances should be weighed.
The 2015 Standard also lacked clarity on how specific legal nuances applied to health practitioners such as decriminalised offences, juvenile offences or pending charges.
The 2026 Standard and Guide provide a clearer roadmap for how National Boards will assess a health practitioner’s criminal history when considering suitability for registration. Together, they make it clear that decisions will be made on a case-by-case basis, taking into account a range of factors.
They also provide more detailed guidance on how criminal history may be assessed in practice, including serious offending, youth offending, decriminalised conduct, and the potential impact of racism and systemic inequity, including their relevance on the criminal histories of Aboriginal and Torres Strait Islander Peoples.
What factors will National Boards consider under the 2026 Standard?
The starting position remains the protection of the public[6].
When assessing a health practitioner’s criminal history, National Boards are required to consider a range of factors.
1. The nature of the offence and its relevance to health practice
This includes who was impacted by the offence and whether the nature of the offence is relevant to health practice. For example, an offence involving fraud or dishonesty may be particularly relevant where a practitioner handles controlled medication or manages patient funds.
2. The gravity or seriousness of the offence
The 2026 Standard has separated the gravity of an offence from its nature. For example, an isolated and minor offence may carry different weight to repeated or serious offences even where they fall within the same broad category.
3. The time that has passed since the offence and any subsequent conviction
The passage of time will be relevant. For example, a conviction from 20 years ago (where there have not been any further offences) may be assessed differently from a similar offence committed more recently.
4. Whether a finding of guilt or a conviction was recorded or a charge is still pending
National Boards are required to consider the procedural status of an offence and can distinguish between a final conviction and an unresolved charge, rather than treating all matters in the same way.
5. The sentence imposed for the offence
The Guide suggests that a custodial sentence, for example, may indicate a different level of seriousness from a fine or non-custodial order. However, the circumstances surrounding the sentence will remain relevant.
6. The health practitioner’s age at the time of the offence
The Guide notes that conduct that occurred when a practitioner was a minor or younger may be assessed differently from comparable conduct committed later in life.
7. Whether the offence has been decriminalised
The Guide states that generally, the National Boards will not consider decriminalised offences as part of a criminal history unless the offence gives rise to concerns about public safety.
8. The health practitioner’s behaviour since the offence
National Boards may take into consideration whether the offence appears to have been an isolated incident, together with evidence of the practitioner’s rehabilitation, insight and sustained good behaviour since the offence.
9. The likelihood of future threat to a patient of the health practitioner
This factor carries significant weight as the National Boards will focus closely on whether the criminal history indicates a future threat to patients. For example, sexual or violent offences may raise different concerns depending on whether there is evidence of an ongoing risk in the practitioner’s professional role.
10. Experiences of racism and inequity for Aboriginal and Torres Strait Islander Peoples
National Boards may consider whether systemic factors, including experiences of racism, may have contributed to an Aboriginal or Torres Strait Islander person’s interaction with the criminal justice system.
11. Any information provided by the health practitioner
Information provided by the practitioner may assist the Board in understanding the significance of their criminal history (for example, a health practitioner’s explanation, insight, acceptance of responsibility and evidence of change in conduct).
12. Any other information the particular National Board considers relevant
National Boards retain a broad discretion to consider any other matter relevant to the individual case. This may include factors that bear on a practitioner’s suitability, risk and the overall public confidence in the practitioner.
Practical implications for health practitioners
The 2026 Standard applies to applicants seeking registration as well as health practitioners who are already registered.
Applicants must continue to meet their obligations to declare their criminal history in and outside of Australia under the National Law. Registered health practitioners also have an ongoing obligation to declare changes to their criminal history at renewal and while holding registration, ensuring that new or changed criminal history can be assessed by the relevant National Board.
For health practitioners, the practical message is that criminal history remains an important consideration, however context matters. Practitioners should ensure that their criminal history is disclosed transparently in accordance with their obligations under the National Law.
Further information
This article was written by Special Counsel Puja Menon. Please contact Puja if you have any questions or would like more information.
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