All about mandatory notifications

All registered health professionals in Australia, including podiatrists whose primary place of practice is in NSW, must by law:

• self-report relevant events to Ahpra
• make a mandatory report to Ahpra if they become aware of another health professional’s risk of harm to patients.

Knowing what to do in both situations is vital for you to know because they go to the heart of your professional obligations to patient safety.  

Self-reporting by a health practitioner or a health practitioner student is also called lodging a Notice of Certain Events (known as a NOCE) with Ahpra. It is different from a mandatory notification, which involves an obligation to make a mandatory report about another health professional’s risk of harm to the public. 

Self-reporting and why it matters

Your self-reporting obligations

The Health Practitioner Regulation National Law (NSW) identifies your legal obligation to provide written notice to Ahpra within 7 days of becoming aware of a ‘relevant event’.

These include:

• being charged with an offence punishable by 12 months' imprisonment or more
• being convicted or found guilty of an offence punishable by imprisonment
• no longer having appropriate professional indemnity insurance arrangements in place
• the withdrawal or restriction of your right to practise at a hospital or other health service due to conduct, professional performance, or health issues
• the cancellation or restriction of your authority to administer, possess, or prescribe scheduled medicines
• if your registration in another country is suspended or cancelled
• if a complaint has been made about you to various Commonwealth, state or territory government entities and individuals.

Students must self-report and lodge a NOCE with Ahpra they are:

• charged with an offence punishable by 12 months imprisonment or more, or
• convicted or found guilty of an offence punishable by imprisonment.

Timely reporting is important

Timely self-reporting a NOCE is important because it:

• mitigates risk to the public and reduces the likelihood of unsafe practice
• enables early intervention, such as health assistance or imposing conditions that can help you return to practising safely
• upholds professional standards and public confidence in the system.  

Self-reporting and lower-level offences

Some matters do not require a NOCE to be lodged within 7 days under the National Law. These include charges or convictions where the penalty is less than 12 months’ imprisonment.

You still need to declare these matters when you renew your annual registration. Declaring them earlier lowers the chance of registration renewal delays.

Speeding offences are often misunderstood. In NSW, most low-level speeding offences don’t automatically result in a criminal record. Instead, they may result in a fine, demerit points or changes to your licence.

In some cases, a speeding offence is managed in court. Generally, this applies for offences where the speed limit was breached by 30km/h or more. Traffic offences managed in court become criminal offences that do appear on your record.

Getting help

It’s important to seek help before you self-report. Your professional indemnity insurer or your professional association may be able to advise you or refer you to a lawyer.

Role of the Council  

When the Podiatry Council of NSW receives a NOCE from Ahpra, we will always consider what you tell us and assess any risk to the public before we decide what happens next.

Depending on the situation, we might ask you for more information. We will complete a joint assessment with the Health Care Complaints Commission (HCCC). This includes considering whether we need to take any action to protect public safety.

Failing to self-report

Failure to self-report is not an offence, but it may be considered a breach of your professional obligations under the National Law. When the Council learns about a notifiable event that was not self-reported in a timely manner, we will consider whether further action is needed regarding your health, conduct or performance.

Key takeaways on self-reporting

• Notice of Certain Events (NOCE) requirements are part of your professional responsibilities. By reporting promptly, you are meeting your legal obligations and demonstrating your commitment to professional integrity and public safety.
• If you’re unsure if you should self-report a NOCE, seek advice from your indemnity insurer, professional association or legal representative.

Notice of Certain Events – self reporting information and formopen_in_new

Mandatory notification and why it matters 

Mandatory notification involves a health professional or employer notifying Ahpra about the conduct, professional practice or impairment of another health professional they believe is putting the public at risk of harm.

To help you understand your self-reporting and mandatory reporting obligations, we share two articles that each give an overview of these different situations. They include links to more detailed information and tips on getting help.

All registered health professionals must notify Ahpra about the conduct, professional practice or impairment of another health professional that places the public at risk of harm. This is called a mandatory notification. 

The thresholds and requirements for making a mandatory notification vary depending on whether your relationship with the health professional is as a treating practitioner, a non-treating practitioner, or an employer. 

What can trigger a mandatory notification?

There are 4 concerns that may trigger a mandatory notification about another health practitioner:

• impairment
• intoxication while practising
• significant departure from accepted professional standards
• sexual misconduct

A mandatory notification about a student can only be related to impairment.

Impairment 

Impairment is a physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that may affect or is likely to affect a practitioner’s capacity to practise safely and effectively. 

It’s important to know that a health condition is not the same thing as an impairment. 

You don’t need to report a health condition or an impairment if adequate strategies are in place to manage it. This can include controls such as modified scope of practice, supervision arrangements, sick leave, roster adjustments and/or treatment plans. 

Practising while intoxicated

This type of conduct means practising under the influence of alcohol or drugs (including illicit, prescribed, or over-the-counter medicines) to the extent that reasonable care and skill in the practice of the profession is impaired or adversely affected. 

Significant departure from accepted professional standards

This includes clinical practice and professional conduct that place the public at substantial risk of harm. 

Your judgement about this may depend on your level of knowledge and experience, and consideration of the shared Code of Conduct and/or clinical practice guidelines. 

Sexual misconduct 

For mandatory notifications, sexual misconduct is connected to a health professional’s practice and involves people under or linked to the health professional’s care, including relatives or carers.

Sexual misconduct includes:

• sexual activity with a current patient, whether or not they give consent
• making sexual remarks
• touching patients in a sexual way
• touching a patient in an intimate area without a clinical indication, whether or not they give consent
• engaging in sexual behaviour in front of a patient.

Sexual activity with a person formerly under a health professional’s care after the therapeutic relationship has ended can also fall under sexual misconduct. 

When to report

Before making a mandatory notification, you need to have formed a ‘reasonable belief’ about conduct. This means having direct knowledge, such as you observing the behaviour or having a report from a reliable source. Wherever possible, encourage the person with the most direct knowledge of the situation to make the notification. 

Your relationship with the health professional as a treating practitioner, non-treating practitioner or employer will also determine whether you should make a mandatory notification. 

• A treating practitioner is defined as someone providing clinical care to a health professional who becomes aware of notifiable conduct in the context of that clinical care. The threshold for reporting by a treating practitioner is different from non-treating practitioners. This is to give health professionals confidence to seek treatment for an impairment or health issue (including substance abuse) without fear of a mandatory notification made about them. 
• A non-treating practitioner is someone who becomes aware of notifiable conduct outside of a therapeutic relationship. 
• An employer is a person/ organisation that employs a health professional under an employment or service contract or as a volunteer. 

Making a mandatory notification 

• Use the online Ahpra portalopen_in_new. 
• You must make the notification as soon as practicable once you become aware there is a risk of harm to the public. 
• Mandatory notifications can’t be anonymous but if you would like to have your identity kept confidential, Ahpra will take all steps to maintain your anonymity. 

Further help

If you’re unsure about making a mandatory notification, Ahpra has information on its websiteopen_in_new including a link to the mandatory notification guidelines.