Mandatory notification requirements place significant obligations on health practitioners and employers. Understanding when and how to make notifications is essential.
When Notification is Required
Practitioner Conduct
You must notify AHPRA if you reasonably believe a registered health practitioner has:
- Physical or mental impairment
- Condition affecting ability to practise
- Impairment placing public at risk
- Practising while intoxicated by drugs or alcohol
- Pattern of substance abuse affecting practice
- Practice significantly below expected standard
- Placing public at substantial risk of harm
- Any sexual conduct with a patient
- Inappropriate sexual behaviour in practice context
Making a Notification
What to Include
Notifications should contain:
- Identity of the practitioner concerned
- Specific conduct or behaviour observed
- Dates and circumstances
- Any witnesses or supporting information
- Your contact details and capacity
How to Submit
Notifications can be made:
- Online via AHPRA portal
- In writing to AHPRA
- Through employer (for employed practitioners)
Legal Protections
Protections for notifiers include:
- Immunity from civil liability
- Protection from victimisation
- Confidentiality of identity (usually)
Exceptions
Treatment Provider Exception
The applicable rule depends on the jurisdiction in which you practise.
All Australian jurisdictions except Western Australia - sections 141A and 141B of the Health Practitioner Regulation National Law apply. Treating practitioners are not fully exempt. Instead, the notification threshold is elevated: you must notify only if you form a reasonable belief that the practitioner-patient is placing the public at substantial risk of harm by continuing to practise, due to impairment, intoxication, or significant departure from professional standards. A well-managed condition would not ordinarily meet this threshold. Sexual misconduct is treated separately under section 141A: a treating practitioner must notify if they form a reasonable belief that the practitioner-patient has engaged, is engaging, or is at risk of engaging, in sexual misconduct in connection with practice. The elevated substantial risk of harm threshold does not apply to sexual misconduct; the standard reasonable belief trigger applies even within the treating relationship.
Western Australia only - treating practitioners retain a complete exemption from mandatory notification requirements in respect of practitioner-patients. This exemption is preserved in the Health Practitioner Regulation National Law Application Act 2024 (WA), which commenced 15 May 2024.
Conclusion
Mandatory notification obligations are serious legal requirements. While notification decisions can be difficult, understanding your obligations and the process helps ensure appropriate action.