Key Takeaways
- Under Section 140 of the Health Practitioner Regulation National Law, registered health practitioners, employers, and education providers must make a mandatory notification to AHPRA when they form a reasonable belief that a registered practitioner has engaged in notifiable conduct.
- Notifiable conduct has four categories: practising while intoxicated; sexual misconduct in connection with practice; placing the public at risk of substantial harm due to an impairment; and practising in a way that constitutes a significant departure from accepted professional standards.
- AHPRA received 13,327 notifications in 2024-25, up approximately 19% on the previous year. Mandatory notifications made up 11.6% of that total. For medical practitioners, the most common grounds were professional standards departures (315), impairment (112), sexual misconduct (59), and practising while intoxicated (17).
- Employers have a separate notification obligation that practitioners do not: they must also notify AHPRA when they take employment action against a practitioner because of concerns about conduct, performance, or health. This includes dismissal, suspension, and directing a practitioner not to practise.
- Treating practitioners carry a higher threshold for three of the four notifiable conduct categories: the obligation to notify arises only when the practitioner-patient poses a substantial risk of harm to the public. Sexual misconduct has no treating practitioner exception.
- Non-disparaging clauses and confidentiality deeds in exit agreements do not override the mandatory notification obligation. Nor does a practitioner's resignation before formal employment action is taken necessarily remove it.
- In Queensland, mandatory and voluntary notifications are made to the Office of the Health Ombudsman, not AHPRA directly. The substantive obligations are identical.
- Section 237 of the National Law protects people who notify in good faith from civil, criminal, and administrative liability, including defamation claims.
The Health Practitioner Regulation National Law imposes a legal obligation to report certain practitioner conduct, and that obligation is not widely understood. Practice owners, medical directors, and clinical supervisors encounter situations that may trigger it, and many either report when they do not need to, or fail to report when they must. Both errors carry consequences.
In 2024-25, AHPRA received 13,327 notifications, an increase of approximately 19% on the previous year. Mandatory notifications accounted for 11.6% of that total. For medical practitioners alone, 503 mandatory notifications were received. Immediate action was taken against 374 medical practitioners, including 19 suspensions and 15 registration cancellations.
This guide covers who must notify, what the four triggers are, where the thresholds sit for treating practitioners and employers, how Queensland differs, and what good faith protections apply.
The Four Categories of Notifiable Conduct
Section 140 of the National Law sets out the four grounds on which mandatory notification is required. A notification must be made when you form a reasonable belief that a registered practitioner has engaged in any of the following:
Practising while intoxicated by alcohol or drugs. The practitioner provided a health service while impaired by a substance. The relevant question is whether they were impaired during practice, not whether they have a substance use history. A single observed incident of intoxication while on duty may be sufficient, depending on what was observed and by whom.
Sexual misconduct in connection with practice. This category covers sexual assault of a patient, forming a sexual relationship with a current patient, and other conduct of a sexual nature arising from the professional relationship. There is no treating practitioner exception for this ground. The threshold is a reasonable belief that the conduct occurred, not a finding that it caused substantial harm.
Placing the public at risk of substantial harm due to an impairment. An impairment is a physical or mental health condition, disability, or disorder that affects a practitioner's capacity to practise. The threshold here is "substantial risk of harm." A practitioner managing a well-controlled condition who has appropriately modified their practice does not ordinarily meet this ground. A practitioner whose untreated or poorly managed condition is materially affecting clinical judgment or patient safety does.
Significant departure from accepted professional standards. The departure must be serious, not slight or moderate, and would be obvious to any reasonable practitioner. Accepted professional standards include codes of conduct, guidelines, and established clinical practice expectations. Clinical variations, differences of professional opinion, and innovative approaches that remain within accepted standards are not notifiable. A pattern of consistently dangerous prescribing, repeated failure to obtain consent for invasive procedures, or conduct that has caused patient harm is more likely to cross the threshold.
"Reasonable belief" requires direct knowledge of actual events. Speculation, rumour, and second-hand accounts are not sufficient to form a reasonable belief on their own, though they may prompt you to gather more information. The test is objective: would a reasonable person who knew what you know form the same belief?
Who Must Notify
Three groups carry a mandatory notification obligation under the National Law.
Registered health practitioners must notify when they form a reasonable belief that a colleague has engaged in notifiable conduct. The colleague does not need to be from the same profession. The obligation applies regardless of seniority or employment relationship with the subject.
Employers have two distinct obligations. The first mirrors the practitioner obligation: notify when you form a reasonable belief that a practitioner you employ has engaged in notifiable conduct. The second is specific to employers: notify when you take employment action against a practitioner because of concerns about conduct, performance, or health. Employment action means dismissing, requiring resignation, suspending, or directing a practitioner not to practise. If a practice terminates a GP's service agreement because of clinical conduct concerns, the notification obligation is triggered immediately.
A practitioner who resigns before formal action does not necessarily remove the employer obligation. Where the only control on public risk was the employer's supervision, a resignation removes that control and may itself require notification. Non-disparaging clauses and confidentiality deeds do not extinguish this obligation. The clause cannot override Part 8 of the National Law.
Education providers must notify about registered students whose conduct meets the same notifiable conduct categories in the context of clinical training.
For a broader overview of employer obligations around practitioner registration, including verifying conditions and endorsements before engagement, see the AHPRA registration compliance guide.
The Treating Practitioner Exception
When one registered practitioner treats another as a patient, a modified threshold applies to three of the four notifiable conduct grounds.
For intoxication while practising, impairment, and significant departure from professional standards, the treating practitioner must notify only when they believe the practitioner-patient poses a substantial risk of harm to the public. This higher threshold exists to give practitioners the confidence to seek treatment for their own health conditions without facing automatic mandatory reporting. A treating GP managing a colleague's mental health condition who is satisfied that the colleague has appropriately restricted their practice does not ordinarily meet the notification threshold.
The exception does not apply to sexual misconduct. For that ground, the treating relationship does not alter the threshold. If a treating practitioner forms a reasonable belief that their practitioner-patient has engaged in sexual misconduct in connection with practice, the standard mandatory notification obligation applies.
Practitioners uncertain whether their particular situation requires a notification can call AHPRA on 1300 419 495 for guidance before deciding.
Queensland: Notifications Go to the Health Ombudsman
Since 1 July 2014, all mandatory and voluntary notifications about health practitioners in Queensland are made to the Office of the Health Ombudsman (OHO), not AHPRA directly. The OHO shares relevant information with AHPRA and the applicable National Board. Queensland practitioners and employers lodge notifications at oho.qld.gov.au or by calling 133 646.
The four categories of notifiable conduct, the reasonable belief standard, and the consequences for failing to notify are the same in Queensland as in other states and territories.
What Happens After a Notification
AHPRA (or the OHO in Queensland) assesses each notification against the seriousness of the concern, the risk to the public, and whether existing regulatory measures already address the issue. Possible outcomes include no further action, a health assessment, referral to the relevant National Board for investigation, or immediate action where urgent public protection is required. Practitioners are informed that a notification has been made about them and given an opportunity to respond.
If AHPRA becomes aware that an employer failed to notify when required, it must provide a written report to the responsible minister in the relevant state or territory. That report is then passed to an appropriate regulatory body in that jurisdiction.
For guidance on how a mandatory notification intersects with internal complaint processes, see the patient complaint handling guide for general practice.
Good Faith Protection
Section 237 of the National Law protects a person who makes a notification in good faith from civil, criminal, and administrative liability, including protection against defamation claims. A practitioner or employer who notifies based on an honest and reasonable belief, and whose belief is later found to be incorrect, retains this protection.
A notification made in good faith cannot lawfully be used as grounds for dismissal or other adverse action against the person who made it. This applies to both mandatory and voluntary notifications.
Good faith protection does not extend to notifications made for improper or malicious purposes, such as to harm a competitor or disadvantage a colleague in a dispute.
How ClinicComply Helps
When a concern about a practitioner's conduct arises, documenting what you know, when you became aware of it, and what steps you took matters. A contemporaneous record shows you assessed the threshold appropriately and responded in time.
ClinicComply's compliance module provides a structured place to record concerns, track your threshold assessment, log the notification when made, and store supporting documentation. The practitioner register tracks AHPRA registration conditions arising from a notification outcome, keeping ongoing monitoring requirements visible across your team.
Use the compliance calendar to schedule an annual review of your mandatory notification policy. The AHPRA registration compliance guide covers verifying registration status, identifying conditions, and managing employer notification duties across a practitioner roster.
See the full feature set at cliniccomply.com.au/features or start a free 30-day trial at cliniccomply.com.au/signup.
Frequently Asked Questions
What is a mandatory notification under the Health Practitioner Regulation National Law?
A mandatory notification is a legally required report to AHPRA (or the Office of the Health Ombudsman in Queensland) that must be made when a registered health practitioner, employer, or education provider forms a reasonable belief that a registered practitioner has engaged in notifiable conduct. The obligation is in Section 140 of the Health Practitioner Regulation National Law and applies across all 16 regulated health professions. Failing to notify when the threshold is met may constitute a breach of professional standards for practitioners; for employers, AHPRA must report the failure to the relevant state or territory minister.
What are the four categories of notifiable conduct?
The four categories are: practising while intoxicated by alcohol or drugs; engaging in sexual misconduct in connection with the practice of the profession; placing the public at risk of substantial harm by practising while suffering from an impairment (a physical or mental health condition, disability, or disorder affecting capacity to practise); and placing the public at risk by practising in a way that constitutes a significant departure from accepted professional standards. Each category has its own threshold, and forming a reasonable belief about any one of them triggers the notification obligation.
What does "reasonable belief" require for a mandatory notification?
A reasonable belief is based on actual, direct knowledge of facts or circumstances that would lead a reasonable person in your position to conclude that notifiable conduct occurred. Speculation, gossip, rumour, and second-hand accounts do not on their own constitute a reasonable belief. The test is objective: would a reasonable person who knew what you know form the same belief? If yes, the obligation to notify arises. Call AHPRA on 1300 419 495 if you are uncertain whether your knowledge meets the standard.
Does the treating practitioner exception apply to sexual misconduct?
No. The treating practitioner exception reduces the notification threshold for three categories only: intoxication while practising, impairment, and significant departure from professional standards. For those three, notification is required only when the practitioner-patient poses a substantial risk of harm to the public. Sexual misconduct has no exception. A treating practitioner who forms a reasonable belief that their practitioner-patient has engaged in sexual misconduct in connection with practice must notify under the standard threshold, regardless of the treating relationship.
Must an employer notify AHPRA if the practitioner resigns before formal action is taken?
Possibly yes. The employer notification obligation is triggered both when a reasonable belief of notifiable conduct is formed and when employment action is taken because of conduct, performance, or health concerns. Where a practitioner resigns after concerns are raised but before formal action, AHPRA's guidelines indicate the employer may still need to notify, particularly if the employer's supervision was the only mechanism controlling the public risk. A resignation that removes that control may itself require a notification. Take legal advice rather than assuming the resignation resolves the obligation.
Can a confidentiality clause in a settlement agreement prevent an AHPRA notification?
No. A non-disparaging clause, confidentiality deed, or settlement agreement cannot override the mandatory notification obligation under Part 8 of the National Law. A practice that relies on such a clause to avoid notifying AHPRA when the threshold is met is still in breach. The clause may be enforceable for other purposes, but it does not extinguish a statutory obligation. Structuring exit arrangements around conduct concerns without notifying AHPRA compounds regulatory exposure rather than resolving it.
Where do Queensland practitioners and employers make mandatory notifications?
In Queensland, all mandatory and voluntary notifications about registered health practitioners are made to the Office of the Health Ombudsman (OHO), not AHPRA directly. This has applied since 1 July 2014. Lodge notifications at oho.qld.gov.au or call 133 646. The OHO shares relevant information with AHPRA and the applicable National Board. The four notifiable conduct categories, the reasonable belief standard, and the treating practitioner exception are identical to those in other states and territories.
What protections apply when making a mandatory notification in good faith?
Section 237 of the National Law protects a person who notifies in good faith from civil, criminal, and administrative liability, including defamation claims. A practitioner or employer whose good faith belief later proves incorrect retains this protection. A good faith notification cannot lawfully be used as grounds for dismissal or adverse action against the notifier. Good faith protection does not extend to notifications made for improper purposes, such as to disadvantage a colleague in a professional dispute.
How many mandatory notifications does AHPRA receive each year?
In 2024-25, AHPRA received 13,327 notifications in total, up approximately 19% on the previous year, with mandatory notifications making up 11.6% of that total. For medical practitioners, 503 mandatory notifications were received across all four conduct categories. Across all notification types, immediate action was taken against 374 medical practitioners, resulting in 19 suspensions and 15 registration cancellations.