Attending an Impaired Registrants Panel

Health Professional Councils will sometimes assess your health when we receive a complaint about you or if concerns about your health are raised during other Council processes. We may decide to refer you to an Impaired Registrants Panel if we’ve assessed your health and think you could have an impairment that puts public safety at risk. 

This option is one we’re authorised to take under the Health Practitioner Regulation National Law (NSW). It has two important benefits: protecting public health and safety; and supporting impaired practitioners and students to keep practising or training if they safely can. 

Learn about what’s involved in practitioner health assessments 

‘Impairment’ has a specific meaning in the National Law (NSW). A practitioner is considered impaired if they have a health issue that is likely to affect, or does affect, their ability to practise safely. For students, this relates to their ability to safely complete their clinical training. 

A health issue can include a physical or mental condition, disability, or disorder, including substance abuse or dependence. If you have a health issue that is stable and managed by medical, professional and personal support, you may not have an impairment. 

The panel will include one or more experienced members of your profession and a medical practitioner. It is not a disciplinary measure, but is designed to help you, and protect the public.

Meetings between you and the panel members are confidential and held in private. When you meet, the panel will consider: 

• your current health status

• if you have an impairment 

• any further action that might be needed to ensure public safety. This could include a proposed suspension or placing conditions on your registration to practise.

If your registration is suspended or a Council puts conditions on your practice as the result of a panel recommendation, you must comply straight away. Even if you plan to appeal the decision, any conditions or suspension stay in place until there is an outcome, or until we’re satisfied there is no longer a risk and they can be removed.

Before the panel meeting 

We will send you a letter that includes the: 

• date, time and location of the panel 

• names of the panel members 

• documents the panel will consider.

To prepare, you should send the panel any documents that have been requested. You can also provide other documents you would like the members to consider before the panel meeting. It’s important to carefully read through all the briefing documents we send you before the meeting. Make sure you identify any errors or inconsistencies in the documents provided. The panel will give you an opportunity to address matters like this at the meeting.

Documents the panel may consider before the meeting, can include: 

• the original complaint 

• any additional information the complainant provides

• your response to the complaint 

• information you have provided from your treating practitioners, employer etc 

• your CV and CPD activities 

• any health assessment report/s from the Council Directed Health Assessor  

• any existing conditions on your registration, a summary of your compliance with those conditions, and any relevant test results

• other relevant documents.

At the panel meeting

At the meeting, the panel members will discuss your health and current circumstances. They may ask you about:

• your training and experience

• your current employment arrangements e.g. self-employed, contractor

• your continuing professional development (CPD)

• your general health and well-being, including alcohol and drug use

• any treatment you receive and how often you see your treating practitioners

• any medications you are taking

• mental health or emotional stresses, triggers (warning signs), strategies, group support

• social activities

• living arrangements, family and group support

• any previous complaints

• future professional plans

• compliance with conditions on registration, if the panel is reviewing an existing matter.

If the panel members consider you have an impairment, they will discuss any proposed suspension or conditions with you at the meeting. They will give you an opportunity to voluntarily agree with their recommended conditions or suspension. 

You can bring a support person, who may be a family member or friend, however, they cannot speak for you.  

You can also bring a lawyer or representative from your professional association to the meeting, but they cannot speak on your behalf. 

During the meeting, you can ask for a break to seek advice and discuss the panel’s recommendations privately with your support person. 

Please contact the Council by phone or email immediately if you can’t attend the scheduled panel meeting and explain why. 

If you don’t attend, the panel may go ahead in your absence. We will advise you of the panel’s recommendations and seek your agreement. If you don’t agree, we will consider whether we should take further action. 

The Council will consider the panel’s recommendations, tell you what we decide, and give you a copy of the panel’s report. We could decide to: 

• close the matter and take no further action 

• counsel you to work within the limitations of any health impairment you have

• impose conditions on your registration with your agreement 

• suspend your registration, with your agreement

• take any other relevant action. 

Other relevant action could include dealing with your matter as a performance or conduct issue. When we assess performance and conduct issues, there are other processes we follow. 

If the panel recommends suspending your registration or placing conditions on your practice and you don’t agree, by law we must refer your matter to the Health Care Complaints Commission (HCCC) as a complaint for further consideration and action. 

Learn more about how the NSW health regulators work together

The panel’s report is a ‘protected report’, which means it can only be disclosed to the HCCC or for the purpose of carrying out functions under the National Law. It can’t be subpoenaed or used in civil proceedings unless the report’s author and the person the report is about, agree to its use. With your consent, we can forward a copy of the panel’s report to your treating practitioners.

If we suspend your registration, we are required to notify Ahpra so it can enter the suspension on the national register of practitioners. Health-related conditions are not listed on the register however, it will show you are currently suspended. We’re also required to notify your employer of all conditions we impose. If you are a registered student, we’ll advise your education provider of the conditions. 

The law also requires us to advise the complainant of the outcome, but we don’t provide them with a copy of the panel’s report. 

You can write to us at any time to request we review a suspension or conditions. If you request a review, we must convene an Impaired Registrants Panel to conduct the review and give us a written report. We may require you to attend a health assessment before the panel is conducted. 

You can also appeal directly to the NSW Civil and Administrative Tribunal (NCAT) within 28 days of being notified of the decision.

Learn more about how to appeal 

We are available to answer any questions you have about our role and processes. We know that being referred to an Impaired Registrants Panel can be stressful. We’re available to answer any questions you have. 

If you are concerned about your mental health and wellbeing, or need other assistance, it’s important to get help. You can speak to: 

• your general practitioner 

• your treating psychiatrist or psychologist 

• a mental health help line.

Visit our support page for resources that can help