The Rights and Interests of Doctors and Patients: Does the New Victorian Health Professions Registration Act 2005 Strike a Fair Balance?

* From July 2007, the Health Professions Registration Act 2005 (Vic) will significantly alter the medical disciplinary process in Victoria.* For practitioners:- Formal hearings for allegations of serious unprofessional conduct will be heard by the Victorian Civil and Administrative Tribunal (VCAT);- There will be no right of appeal from a VCAT decision other than on a point of law;- The maximum fine for serious unprofessional conduct will increase from $2000 to $50,000;- Performance standards panels (PSPs) will be established to conduct informal hearings, with a power to impose conditions on registration; and- Costs of the new system will cause an increase in annual registration fees.* For complainants:- There are new avenues for conciliation;- There is a right to seek a review of certain Medical Practitioners Board of Victoria decisions; and- Reasons for a PSP decision will be provided.* Despite government argument that these changes will make the health complaints handling system fairer, the new Act has the potential to diminish the rights and interests of doctors.