The process for sexual abuse and sexual misconduct follows the complaints process described in the HPA (refer to Module 5), with additional protections for the public, including:

  • certain types of resolution and alternative resolution are not available;
  • mandatory minimum penalties after a finding of sexual abuse or sexual misconduct;
  • requirements for at least one member of the Hearing Tribunal to have the same gender identity as the patient;
  • requirements for trauma informed training and sexual violence training for the Hearing Tribunal;
  • an opportunity for a complainant of sexual abuse or sexual misconduct to provide an impact statement at the hearing; and
  • mandatory publishing of decisions.