AHPRA Mandatory Notifications: Health Practitioner Reporting Obligations Under National Law

Statutory basis under the National Law

Mandatory notifications are governed by Part 8, Division 2 of the AHPRA Health Practitioner Regulation National Law, as in force in each state and territory. This National Law applies across all states and territories through corresponding state Acts, such as the Health Practitioner Regulation National Law (NSW) No 86a. The National Law commenced on 1 July 2010.

Section 140 of the National Law defines 'notifiable conduct'. This covers four categories: practising while intoxicated, sexual misconduct, placing the public at risk of substantial harm because of an impairment, and significant departure from accepted professional standards.

Sections 141, 142 and 143 outline the mandatory notification obligations. These obligations apply to practitioners, employers and education providers. Notifications are made to the Australian Health Practitioner Regulation Agency (AHPRA), which manages the registration of 16 regulated health professions on behalf of the National Boards.

March 2020 reforms reducing reporting burden

Amendments to the AHPRA Health Practitioner Regulation National Law took effect on 1 March 2020, introduced by the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2019 (Qld) as host jurisdiction. These changes altered the circumstances under which treating practitioners are obligated to make mandatory notifications to the regulatory authority.

The key reform involves a revised threshold for mandatory reporting. Previously, practitioners were required to notify concerns about a colleague’s impairment. Now, a notification is only required where there is a ‘substantial risk of harm’ to the public. This change aims to reduce the reporting burden on practitioners.

Western Australia maintains its existing exemption; treating practitioners in that state are not required to make mandatory notifications about their patient-practitioners, with the exception of notifications relating to sexual misconduct. Practitioners may still utilise voluntary notifications under section 144 to raise concerns that do not meet the mandatory reporting threshold.

Who must notify and what must be reported

Registered health practitioners are obligated to notify the AHPRA Health Practitioner Regulation National Law if they reasonably believe another registered practitioner has engaged in notifiable conduct. Similarly, employers of registered practitioners have a mandatory reporting responsibility, required to notify AHPRA when they reasonably believe an employee has engaged in notifiable conduct.

Education providers also have specific notification obligations. They must report if a student demonstrates an impairment that may place the public at substantial risk of harm during clinical training, or if the student has been charged with or convicted of an offence punishable by 12 months or more imprisonment.

Notifications must be made 'as soon as practicable' after the reasonable belief arises. It is important to note that failing to fulfil these mandatory notification requirements is not an offence, but may be taken into account during a review of the practitioner’s conduct or performance.

Process, protections and outcomes

Notifications regarding the conduct, performance or health of a registered health practitioner can be submitted to the Australian Health Practitioner Regulation Agency (AHPRA) via the AHPRA website, by phone (1300 419 495), or in writing. These notifications are made in accordance with the AHPRA Health Practitioner Regulation National Law.

Section 237 of the National Law offers protection to individuals who make notifications in good faith, shielding them from civil, criminal and administrative liability. Following receipt of a notification, AHPRA and the relevant National Board undertake an assessment. This assessment may lead to immediate action, referral for investigation, or referral to a performance and professional standards panel.

Potential outcomes resulting from a notification assessment vary. These can include no further action being taken, the imposition of conditions on a practitioner’s registration, suspension of registration, or referral to a responsible tribunal for consideration of cancellation. AHPRA publishes annual reports detailing notification data, covering 16 regulated professions including medicine, nursing and midwifery, pharmacy, dentistry and psychology.