AHPRA Mandatory Notifications
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:
Impairment
- Physical or mental impairment
- Condition affecting ability to practise
- Impairment placing public at risk
Intoxication
- Practising while intoxicated by drugs or alcohol
- Pattern of substance abuse affecting practice
Significant Departure from Standards
- Practice significantly below expected standard
- Placing public at substantial risk of harm
Sexual Misconduct
- Any sexual conduct with a patient
- Inappropriate sexual behaviour in practice context
Who Must Notify
The following have mandatory notification obligations:
- Registered health practitioners
- Employers of health practitioners
- Education providers
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)
Timing
Notifications should be made:
- Promptly after forming reasonable belief
- Without unnecessary delay
- After gathering sufficient information
What Happens After Notification
AHPRA Assessment
AHPRA will:
- Acknowledge receipt of notification
- Assess the information provided
- Determine appropriate regulatory response
- May request further information
- May contact the practitioner
Possible Outcomes
Notifications may result in:
- No further action
- Health assessment requirement
- Investigation
- Conditions on registration
- Suspension of registration
- Referral to tribunal
Protecting Yourself
Documentation
Maintain records of:
- Observations and concerns
- Conversations and advice sought
- Decision-making process
- Notification submitted
Legal Protections
Protections for notifiers include:
- Immunity from civil liability
- Protection from victimisation
- Confidentiality of identity (usually)
When in Doubt
If uncertain about notification obligations:
- Seek advice from professional association
- Consult legal counsel
- Contact AHPRA for guidance
- Consider employer resources
Employer Obligations
Additional Employer Duties
Employers must also notify when:
- Practitioner's registration suspended or cancelled
- Conduct potentially poses public risk
- Practitioner terminated for conduct reasons
Employer Protections
Employers making notifications are:
- Protected from liability
- Required to maintain appropriate records
- Obliged to avoid victimising notifiers
Exceptions to Mandatory Notification
Treatment Provider Exception
You are not required to notify if:
- You are treating the practitioner
- You form belief through treatment relationship
- Exception applies to treating practitioners only
Employer Exception (QLD)
Queensland provides limited exception for employers addressing conduct internally, subject to specific requirements.
Common Questions
Anonymous Notifications
While notifications need not be anonymous, AHPRA generally protects notifier identity unless:
- Disclosure required for natural justice
- Legal proceedings require disclosure
Notification vs Complaint
Mandatory notifications differ from voluntary complaints:
- Notifications are legally required
- Complaints may be made by anyone
- Different thresholds apply
Self-Notification
Practitioners should self-notify if:
- Charged with certain offences
- Affected by impairment
- No longer meet registration standards
Conclusion
Mandatory notification obligations are serious legal requirements. While notification decisions can be difficult, understanding your obligations and the process helps ensure appropriate action. When in doubt, seek professional advice before deciding not to notify.