In Whose Interest? Recent Developments in Regulatory Immediate Action against Medical Practitioners in Australia

"Immediate action" is a powerful regulatory tool available to Medical Boards. It protects the public from harm by restricting a medical practitioner's registration after allegations have been made, but before wrongdoing is proven. This article charts the development of these coercive powers in Australia and examines the legal, socio-political and ethical justification for supplementing a well-defined "public risk" test with a broad and controversial "public interest" test that leaves medical practitioners vulnerable to inconsistent decision-making. Compared to overseas jurisdictions, immediate action powers in Australia offer fewer procedural protections. The regulatory response to perceived threats to public trust and confidence in the medical profession needs to be proportionate, transparent, effective, and consistent, to protect the public while also being fair to practitioners.