Illegal Aged Care Work: Radiographers & Nurse Prosecuted for Unregistered Practice | Ahpra

Recent prosecutions in Australia are sending a clear message to healthcare practitioners: operating without proper registration carries significant legal consequences. The Australian Health Practitioner Regulation Agency (Ahpra) has been actively pursuing cases of unregistered individuals providing medical services, highlighting the critical importance of maintaining public safety and trust within the healthcare system. These cases, involving radiographers and nurses, underscore the potential risks to patients when qualified and registered professionals aren’t overseeing care.

The consequences for those who flout registration requirements are becoming increasingly severe. Beyond the financial penalties, which can run into the thousands of dollars, practitioners face potential criminal records and damage to their professional reputations. The actions taken by Ahpra and the courts demonstrate a commitment to upholding the standards of care expected within the Australian healthcare landscape. What we have is particularly crucial in vulnerable settings, such as aged care facilities, where patients may be less able to advocate for themselves.

The latest cases, brought to light by Ahpra, involve a radiographer and a nurse who both continued to practice despite lapses in their registration. These incidents weren’t isolated; an anonymous tip-off in May 2023 initially exposed the unregistered radiography services, demonstrating the role of public vigilance in safeguarding patient wellbeing. The focus on these cases isn’t simply punitive, but rather aims to reinforce the necessity of adhering to stringent licensing regulations designed to protect the community from potential harm and financial repercussions.

First Prosecution of an Unregistered Medical Radiation Practitioner

In a landmark case, radiographer Dean Brockdorff pleaded guilty to four counts of holding himself out as a registered practitioner while providing mobile radiography services at four aged care facilities in New South Wales. The Local Court of NSW sentenced Brockdorff to fines totaling $5500, with one offence resulting in a conviction but no further penalty. He was also ordered to pay $6500 in legal costs to Ahpra. Ahpra’s statement details the severity of these offenses.

Crucially, the prosecution extended beyond the individual practitioner. Charges were also laid against Brockdorff’s employer, Mobile X-Ray Services Pty Ltd, for allowing an unregistered radiographer to operate. The company pleaded guilty to four counts of holding Brockdorff out as a registered radiographer and was fined $4150, plus $6500 in costs, on February 6th of this year. This demonstrates that employers also bear responsibility for ensuring their staff are appropriately registered and qualified. Magistrate Danielle Mansour emphasized the seriousness of the offenses, stating that vulnerable patients “deserved and should have had the benefit of the oversight, the licensing and the protection that the associated insurance would have provided.”

According to Ahpra, there is no indication that Brockdorff caused any harm to patients during the period he worked without registration. However, the court’s decision underscores the inherent risks associated with unregistered practice. The lack of oversight and insurance coverage leaves patients vulnerable to potential errors or complications without recourse. Cara Miller, Chair of the Medical Radiation Practice Board of Australia, confirmed that this was the first prosecution of its kind involving a medical radiation practitioner providing health services while unregistered.

Unregistered Nurse Faces Consequences

In a separate, unrelated case, an enrolled nurse in New South Wales also faced legal repercussions for working without a valid registration. The nurse’s registration had lapsed in July 2023, but she continued to provide care at two regional health services for over a year, despite receiving multiple renewal reminders. She contacted Ahpra in August 2023 seeking guidance on re-registration but failed to follow through with the necessary steps. Her employer discovered the lapse during a routine audit in January 2025 and immediately stood her down.

The nurse pleaded guilty in the Dubbo Local Court in January of this year to one count of holding herself out as a registered health practitioner. She received a 12-month community corrections order and was ordered to pay $9000 in legal costs. Magistrate Brett Shields stressed that the lapse in registration was not a simple oversight, but a deliberate disregard for professional obligations. “People need to understand the obligation to be registered,” Shields stated. “The whole point of (the registration scheme) is the maintenance of standards.”

Ahpra CEO Justin Untersteiner reiterated the gravity of the situation, stating, “Working while unregistered is not a paperwork error, it can be a criminal offence.” The agency has chosen not to name the nurse due to personal circumstances. However, the case serves as a stark warning to all healthcare professionals about the importance of maintaining current registration.

The Importance of Registration and Public Oversight

These cases highlight the critical role of registration in ensuring the safety and quality of healthcare services. The National Law governing health practitioners mandates registration as a prerequisite for practice, providing a framework for establishing and maintaining professional standards. Registration involves demonstrating competence, adhering to a code of conduct, and undergoing ongoing professional development. It also provides a mechanism for addressing complaints and disciplinary issues.

The registration process isn’t merely a bureaucratic hurdle; it’s a vital safeguard for patients. Registered practitioners are accountable to their regulatory boards and are subject to disciplinary action if they fail to meet professional standards. Registration ensures that practitioners have appropriate insurance coverage, protecting both patients and themselves in the event of adverse events. The Ahpra Register of practitioners allows the public to verify the registration status of any health professional in Australia.

The recent prosecutions demonstrate that Ahpra is taking a proactive approach to enforcing registration requirements. The agency is actively investigating reports of unregistered practice and is prepared to pursue legal action against those who violate the law. This commitment to enforcement is essential for maintaining public confidence in the healthcare system and protecting vulnerable patients.

What Can the Public Do?

Members of the public play a crucial role in upholding healthcare standards. If you have concerns about whether a health provider is registered, you can easily check the Ahpra Register of practitioners online or by calling 1300 419 495. Reporting suspected unregistered practice helps protect others from potential harm.

These recent cases serve as a potent reminder that maintaining professional registration isn’t simply a legal requirement, but a fundamental ethical obligation. Healthcare professionals have a responsibility to ensure they are practicing within the law and upholding the highest standards of care. The consequences of failing to do so, as demonstrated by these prosecutions, can be significant.

Key Takeaways:

• Operating as a healthcare professional without valid registration is a criminal offense in Australia.
• Employers are responsible for verifying the registration status of their staff.
• The public can verify a practitioner’s registration status through the Ahpra online register or by phone.
• These prosecutions underscore the importance of maintaining professional standards to protect patient safety.

Ahpra continues to emphasize the importance of compliance with registration requirements and will continue to investigate and prosecute cases of unregistered practice. The next step in these cases will likely involve ongoing monitoring of compliance and further public awareness campaigns to educate both practitioners and the public about the importance of registration. We encourage readers to share this information and contribute to the conversation about maintaining high standards in Australian healthcare.