Honesty and Probity Concerns for Australian Health Practitioners

Probity means honesty and integrity in everything you write, sign, claim and declare: clinical records, reports and certificates, billing and claims, declarations to Ahpra, employers and insurers, and financial dealings with patients. A probity concern is raised when someone believes a practitioner has been dishonest, misleading or has allowed a personal or commercial interest to override a patient's interests.

The National Law does not use the word probity, but honesty runs through it. The definition of unprofessional conduct includes providing excessive, unnecessary or otherwise inappropriate services; accepting or offering a benefit as an inducement or reward for a referral or recommendation; and referring a person to, or recommending, a health service in which you have a pecuniary interest without disclosing the nature of that interest. Professional misconduct includes conduct inconsistent with being a fit and proper person to hold registration, and that is where serious dishonesty usually sits.

Every profession's code mirrors this. The shared Code of conduct, Good medical practice, the Nursing and Midwifery Board's codes and the Psychology Board's code all require honesty in documents you write and sign, fair and transparent dealing about fees, disclosure and management of conflicts of interest, and no financial exploitation of patients. Commonwealth and state laws, including the Health Insurance Act 1973 and the National Disability Insurance Scheme Act 2013, add separate legal consequences for false claims.

Regulatory action is protective, not punitive. Boards and tribunals ask what risk a practitioner poses in future and what is needed to maintain public confidence in the profession. Dishonesty bears directly on both questions. Much of safe health care depends on statements being reliable: a record that says an examination was done, a certificate that says a patient is unfit for work, a declaration that CPD was completed. A practitioner who has falsified one of these has shown that their statements cannot be taken at face value.

That is why dishonest conduct can lead to reprimands, conditions, suspension or cancellation even when no patient was physically harmed. It is also why the response to a concern matters so much. Altering a record after a complaint, giving a misleading explanation or denying conduct that is later proven commonly produces a worse outcome than the original lapse would have. The reverse is equally consistent: a practitioner who identifies an error, discloses it, corrects it and shows insight is usually viewed far more favourably.

A useful personal test is the front page question. If this record, claim, report or arrangement were described accurately in a newspaper or read aloud to a tribunal, would you be comfortable? If the honest answer is no, stop and get advice before going further.

At application and every renewal you make formal declarations about CPD, recency of practice, professional indemnity insurance, criminal history and health impairment. If you cannot honestly make a declaration, do not make it. Declare the shortfall, explain what you are doing about it, or contact Ahpra for advice before you renew. The Boards have processes for practitioners who fall short of a standard; there is no process that makes a false declaration acceptable. In 2026 fourteen National Boards consulted on revised CPD and recency standards, so always declare against the standard in force at the time.

Between renewals, you must notify Ahpra and your Board within seven days of becoming aware of certain events, including:

• being charged with an offence punishable by 12 months' imprisonment or more;
• being convicted or found guilty of an offence punishable by imprisonment;
• your professional indemnity insurance ending;
• your right to practise at a hospital or health service being restricted or withdrawn;
• your Medicare billing privileges being restricted or withdrawn;
• restrictions imposed by a state or territory medicines and poisons regulator; and
• your registration in another country being restricted.

Ahpra states that failing to notify is not itself an offence, but it can lead to action about your conduct. Practitioners often hesitate because they are embarrassed, expect a charge to be dropped, or think the matter is unrelated to practice. None of these is a reason to delay. Notifying promptly, with advice, shows candour; Ahpra learning about the event later from someone else suggests the opposite.

The same honesty applies to employers, credentialing committees, recruiters and insurers. Answer what each question actually asks, disclose with context if unsure, and keep copies of what you submitted.

Conflicts of interest are common and not wrong in themselves. The problem is concealment, or allowing the interest to influence care. On 24 September 2026 Ahpra issued interim guidance on managing financial or commercial conflicts of interest, to be read alongside each profession's code while the codes are reviewed. Its key messages are that patient care must come before commercial interests whatever your business model or employment arrangement; that a benefit need not be cash, and can include free training or paid travel; that you should discuss a range of options, including those you or your organisation do not supply; and that disclosure must be made to each patient as part of informed consent. A statement on a website or social media is not enough.

Section 136 of the National Law makes it an offence for any person, including an employer or corporate entity, to direct or incite a practitioner to engage in unprofessional conduct or professional misconduct. That recognises the pressure some practitioners face, but it does not remove your personal responsibility for your own conduct.

The tempting addition to the notes

A dentist receives a complaint about a failed filling and realises his notes do not record the discussion of options he believes he had. Adding the detail to the original entry would turn a possible communication issue into a dishonesty issue. Instead he leaves the entry untouched, contacts his insurer, and if he genuinely recalls the discussion, writes a clearly labelled late note explaining when it was written.

The renewal box

An occupational therapist renewing her registration realises she has not kept a CPD plan or record this year, although she attended training. Ticking yes would be a false declaration. She contacts Ahpra, declares the gap honestly, reconstructs what evidence she can, and sets up a running record for the next cycle.

The rent discount

A service provider offers a practice reduced rent if it continues its strong referral relationship. A benefit linked to referrals raises serious concerns under the National Law. The principal declines, seeks legal advice about the existing arrangement and makes sure referral decisions are made on clinical grounds.

Where a probity concern has been raised, the regulator is weighing whether the risk of further dishonesty has been addressed. Education alone cannot answer that, and no course can guarantee any outcome. What structured learning can do is help you understand precisely where the obligation comes from, why your conduct mattered, and what systems make honesty the default in a busy practice: practitioner-selected billing items, regular record audits, a running CPD record and a conflicts register.

Your reflection should be specific and honest. Boards are generally unimpressed by reflection that minimises or blames others, and equally by reflection that over-states remorse without describing change. Our course on demonstrating insight covers this balance. If education forms part of an undertaking or condition, check with Ahpra that a proposed course is acceptable; our courses are independent and not accredited by Ahpra or any National Board. If you have a notification, get advice from your indemnity insurer, MDO or lawyer first, and see our notification help guide.