Unregistered podiatrist fined after Ahpra prosecution

12 Mar 2024

A NSW practitioner who provided their employer with a fake registration certificate pleaded guilty to two counts of holding themselves out as a registered podiatrist after their registration had lapsed.

They were employed as a podiatrist and completed a small number of shifts at different aged care facilities in NSW between during September and October 2022 before the deception was identified. In a prosecution by Ahpra, on 16 February 2024 they were convicted by a NSW local court.

The defendant had been registered as a podiatrist but failed to renew their registration in 2021. They knew that their registration had lapsed as they had called Ahpra about it twice during the first half of 2022, however they failed to lodge any application for registration.

Instead, in July 2022 they applied for work as a podiatrist with an allied health service provider and gave a fake registration certificate which falsely stated that they were registered as a podiatrist until 30 November 2022. They began working as a podiatrist in September 2022 and worked part time until their employer discovered that they could not be located on the online register of registered practitioners.

They were immediately taken off the rosters, and their employment was terminated shortly after when it was confirmed that they were not in fact registered.

There is no suggestion that the practitioner caused any harm to patients during the period working without registration.

Ahpra charged the practitioner with one count of holding themselves out as being a registered podiatrist by producing the fake registration certificate, and one count of holding themselves out as a registered podiatrist by completing shifts at aged care facilities.

The practitioner pleaded guilty at the first opportunity. After taking into account the practitioner’s personal circumstances, on 16 February 2024 a magistrate of the Local Court of NSW convicted the practitioner and imposed a total fine of $6000. The practitioner was also ordered to pay Ahpra’s legal costs in the sum of $4000.

Podiatry Board of Australia Chair Professor Cylie Williams said this was the first time an unregistered podiatry practitioner had been prosecuted under the National Law.

‘Patients put their health in the hands of podiatrists and other practitioners, so it is vital that anyone who betrays that trust is held to account,’ Prof Williams said.

Ahpra CEO, Mr Martin Fletcher, said the NSW conviction should serve as a reminder for all health employers to check the register of practitioners whenever hiring new staff.

‘Registration ensures practitioners have the skills, qualifications and background to safely treat patients. Failure to ensure a practitioner is registered may not only endanger the patients they treat, but it can undermine confidence in the wider health system,’ Mr Fletcher said.

Ahpra keeps a public register of every health practitioner who is registered to practise in Australia in the 16 health professions regulated under the National Law, including podiatry. Employers are encouraged to check the register online to verify the registration of their staff before they begin working, and regularly throughout employment to ensure their staff maintain their registration. Ahpra is seeing an increase in complaints about individuals who are providing false registration certificates in their applications for employment.

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