› Professional conduct — meaning and scope — social media posts
Quick Take
1For conduct to be 'unprofessional conduct' or professional misconduct under paragraphs (a)/(b) of the National Law, it must be 'professional conduct' — which requires a sufficient connection with practice, assessed by factors including whether the practitioner was identifiable as registered, relied on professional status, whether the conduct carried greater weight due to registration, and whether the subject matter related to the practitioner's field; the term is broader than conduct 'in practice' but does not encompass all conduct by a professional
2The standard in paragraphs (a) and (b) of the definition of professional misconduct — 'the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience' — refers to the person subject to the standard (the hypothetical comparator practitioner), not the person who sets the standard; public and peer expectations remain relevant, consistent with the protective purpose of the National Law
3Social media posts that are not 'professional conduct' may still constitute professional misconduct under paragraph (c) if they are inconsistent with the practitioner being a fit and proper person, but the threshold requires conduct of sufficient extent and seriousness — a prolonged vitriolic campaign against colleagues met this threshold, while a small number of posts on contested social issues without reliance on professional status did not
