Why this matters for your practice
Mandatory notifications are one of the few areas where a failure to act, rather than an act, creates the legal exposure. Registered practitioners and employers have a legal duty to notify AHPRA in defined circumstances. Getting it wrong in either direction is risky: failing to notify when required is a breach of the National Law, while notifying without proper grounds can cause serious harm to a colleague. Practice managers need to know who has the duty and when it is triggered.
This is distinct from voluntary notifications, which anyone can make about a broader range of concerns.
The four types of notifiable conduct
Under the National Law, notifiable conduct by a registered practitioner means the practitioner has:
- Practised while intoxicated by alcohol or drugs.
- Engaged in sexual misconduct in connection with the practice of their profession.
- Placed the public at risk of harm because of an impairment (a physical or mental health condition affecting their capacity to practise safely).
- Placed the public at risk of harm by practising in a way that is a significant departure from accepted professional standards.
A separate threshold applies to students, focused on impairment.
Who must notify, and the threshold
The duty falls on treating practitioners, other registered practitioners, employers, and education providers. The trigger is a reasonable belief, formed in the course of practice or employment, that notifiable conduct has occurred. For treating practitioners, the threshold for three of the four categories is higher: the risk of harm must be substantial. This is to encourage practitioners to seek help for their own health without fear of automatic reporting.
What employers must do
An employer who reasonably believes an employed practitioner has engaged in notifiable conduct must notify AHPRA. Practices should have a clear internal process to assess concerns, document the reasoning, and decide whether the mandatory threshold is met before notifying.
Common mistakes
- Assuming someone else will report it. The duty can apply to multiple people at once.
- Notifying on suspicion alone without forming a reasonable belief.
- No internal process, so concerns are handled inconsistently or not documented.
- Confusing mandatory and voluntary notifications, which have different thresholds.
Frequently Asked Questions
What is a mandatory notification to AHPRA?
A mandatory notification is a legally required report to AHPRA made when a practitioner, employer, or education provider has a reasonable belief that a registered health practitioner has engaged in notifiable conduct, such as practising while intoxicated, sexual misconduct, a risky impairment, or a significant departure from professional standards.
What are the four types of notifiable conduct?
The four types are practising while intoxicated by alcohol or drugs, sexual misconduct connected to practice, an impairment that places the public at risk of harm, and practising in a way that is a significant departure from accepted professional standards.
Who has to make a mandatory notification?
Treating practitioners, other registered practitioners, employers, and education providers can all have a duty to notify. The trigger is forming a reasonable belief that notifiable conduct has occurred, with a higher (substantial risk) threshold applying to treating practitioners for most categories.
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