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Strengthened Legal Safeguards for Whistleblowers in the Health Sector

Understanding the Implications of New National Law Amendments on Whistleblower Protections

Strengthened Legal Safeguards for Whistleblowers in the Health Sector?w=400

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

Recent amendments to the National Law have introduced robust legal protections for whistleblowers within the health sector, marking a significant advancement in promoting transparency and accountability.
These changes criminalise any form of retaliation against individuals who report misconduct, including the use of non-disclosure agreements (NDAs) to suppress such disclosures.

Under the new provisions, both individuals and organisations found guilty of retaliatory actions face substantial penalties, with fines up to $60,000 for individuals and $120,000 for organisations. Additionally, practitioners involved in reprisals may be subject to disciplinary action by regulatory bodies.

Importantly, the amendments clarify that individuals retain the right to lodge complaints regardless of any previously signed NDAs. Entering into agreements that attempt to waive this right is now illegal. Justin Untersteiner, CEO of the Australian Health Practitioner Regulation Agency (AHPRA), emphasised that no one can be compelled to forfeit their right to report concerns about a practitioner.

For health care professionals, these legal enhancements underscore the importance of maintaining ethical standards and fostering a culture where concerns can be raised without fear of retribution. Practitioners should familiarise themselves with these protections to ensure they can confidently report any issues that may compromise patient safety or professional integrity.

Published:Monday, 5th Jan 2026
Source: Paige Estritori

Please Note: If this information affects you, seek advice from a licensed professional.

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Insurance Policy:
Broadly, the entire written contract of insurance. More narrowly, the basic written or printed document, as distinguished from the forms and endorsements added thereto.