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Handout -Mandatory Reporting 101

National law objectives for AHPRA

To provide for the protection of the public by ensuring that only health practitioners who are suitably trained and qualified to practice in a competent and ethical manner are registered.
Restrictions on the practice of a health professional are to be imposed only if it is necessary to ensure health services are provided safely and are of appropriate quality.

Mandatory Reporting obligation

Section 140 of the National Law requires that a registered health practitioner must notify the Board if, in the course of practising their profession, they form a reasonable belief that another registered health practitioner has behaved in a way that constitutes ‘notifiable conduct’.

Notifiable conduct is defined as when a practitioner has:

  1. practised the profession while intoxicated by alcohol or drugs, or
  2. engaged in sexual misconduct in connection with their profession, or
  3. placed the public at risk of substantial harm in their practice because they have an impairment, or
  4. placed the public at risk of harm during their practice because of a significant departure from professional standards.

 

Exceptions

  • WA - treating practitioners not required to make mandatory notifications
  • QLD in certain circumstances – check locally with OHO
  • MDO’s clinico-legal advisers are also exempt.
  • MIPS will not report your “notifiable” conduct.

Protection for making a notification

Section 237 provides protection from criminal, civil or administrative liability, including defamation for people making notifications in good faith.

Where not protected
 

Practitioners should be aware that if they make notifications that are frivolous, vexatious or not in good faith, they may be subject to conduct action.

There are no penalties where you fail to make a mandatory notification, but you may be subject to health, conduct or performance action.

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