ABSTRACT
This chapter reviews the evolving role of health practitioner bodies and external decision makers, identifying the roles, advantages and limitations of conduct, performance, health and character pathways of investigation by regulators. It identifies an international trend toward regulators’ focus upon fitness for practice and validation for practice, and therefore a trend away from a preoccupation with determining whether a particular allegation of misfeasance or non-feasance is proven. The chapter explores the contribution made by fair trading/ trade practices enforcement litigation, malpractice litigation, health ombudsmen investigations and coronial inquiries. It analyses and contrasts the respective focuses of each of these mechanisms that are directed towards enhancing public safety, and reflects upon the complementarity of the various accountability mechanisms that exist under contemporary but evolving legislation. The essence of regulation by conduct is the determination of whether a particular impropriety, however it is formally termed, has been engaged in by a practitioner.
