Mandatory Notification – Student
Who Must Make a Mandatory Notification
- Treating practitioners (except in WA—exempt by law)
- Non-treating practitioners
- Education providers
Trigger for Mandatory Notification
- Only one ground: Reasonable belief that a student has an impairment that may place the public at substantial risk of harm during clinical training.
- High threshold: must involve clinical training and substantial risk.
- Impairment = physical/mental condition or substance use affecting training capacity.
What Does Not Trigger Mandatory Notification
- Sexual misconduct
- Intoxication
- Poor professional standards
- Academic failure or minor illness
- Conditions well-managed with treatment or supervision
These may be addressed through:
- Voluntary notification
- Internal education provider policies
Reasonable Belief: Definition
- Based on direct knowledge or trustworthy reports.
- Not enough: speculation, gossip, hearsay.
- Requires objective assessment and professional judgment.
Risk Assessment: Factors
| Factor | Lower Risk | Higher Risk |
|---|---|---|
| Patient contact | None | On placement |
| Impairment severity | Minor | Severe |
| Supervision | Constant | Absent |
| Treatment engagement | Compliant | Disengaged |
| Management strategies | Effective | Ineffective |
Use risk matrix and safeguards (e.g., treatment, leave, restricted practice) to guide decisions.
Controls That Reduce Risk May Remove the Need to Notify
- Mandatory notification is only required if:
- A student has an impairment, and
- That impairment, during clinical training, poses a substantial risk of harm to the public.
- If the risk is controlled, and public harm is unlikely, you are not obligated to report.
Examples of Effective Controls/Safeguards
These can reduce the risk and negate the need to report:
Effective treatment in place (e.g. mental health or substance use management)
Student is compliant with management plan
Break from study or clinical training (e.g. sick leave or temporary withdrawal)
Modified placement scope (e.g. avoiding high-risk procedures or unsupervised practice)
Close supervision or oversight during clinical placements
Education provider has internal risk mitigation processes
You reasonably believe AHPRA has already been notified
Making a Notification
- Submit via AHPRA portal or phone (1300 419 495).
- Confidentiality requests are respected where possible.
- Advice may be sought from legal advisors, insurers, professional associations.
Protections for Notifiers (s237)
- Civil, criminal, administrative immunity when made in good faith.
- Not considered:
- Defamation
- Breach of confidentiality or professional conduct
- Bad faith (vexatious) notifications may result in regulatory action.
Exemptions from Mandatory Notification
- Practitioners providing legal advice under indemnity
- Legal practitioners offering representation/advice
- Members of approved quality assurance bodies
- If another notifier has already reported the same issue
Education Provider Obligations
- Must notify AHPRA if a student has an impairment posing substantial public risk during clinical training.
- Failure to notify:
- May result in public listing on Board website
- Possible inclusion in AHPRA annual report
Voluntary Notifications
- Anyone may voluntarily notify AHPRA about:
- Student’s impairment
- Criminal charges or convictions ≥12 months prison
- Breach of registration conditions
- Does not apply to:
- Misconduct, intoxication, or professional standard issues
Student Obligations
- Students do not have mandatory notification responsibilities.
- Must notify AHPRA (s130) within 7 days of:
- Criminal charges (≥12 months penalty)
- Overseas registration suspension/cancellation
Flowchart Summary for Mandatory Notification
- Is there an impairment?
→ No → No notification
→ Yes → Step 2 - Does impairment place public at risk?
→ No → Consider voluntary notification
→ Yes → Step 3 - Is risk substantial?
→ No → Consider voluntary notification - → Yes → Mandatory notification required
