Mandatory Notification – Student
๐น Who Must Make a Mandatory Notification
- Treating practitioners (except in WAโexempt by law)
- Non-treating practitioners
- Education providers
๐น 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.
๐น 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
๐น Reasonable Belief: Definition
- Based on direct knowledge or trustworthy reports.
- Not enough: speculation, gossip, hearsay.
- Requires objective assessment and professional judgment.
๐น 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.
๐น 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.
๐น Examples of Effective Controls/Safeguards
These can reduce the risk and negate the need to report:
โ Effective treatment in place (e.g. mental health or substance use management)
โ Student is compliant with management plan
โ Break from study or clinical training (e.g. sick leave or temporary withdrawal)
โ Modified placement scope (e.g. avoiding high-risk procedures or unsupervised practice)
โ Close supervision or oversight during clinical placements
โ Education provider has internal risk mitigation processes
โ You reasonably believe AHPRA has already been notified
๐น 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.
๐น 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.
๐น 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
๐น 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
๐น Voluntary Notifications
- Anyone may voluntarily notify AHPRA about:
- Studentโs impairment
- Criminal charges or convictions โฅ12 months prison
- Breach of registration conditions
- Does not apply to:
- Misconduct, intoxication, or professional standard issues
๐น Student Obligations
- Students do not have mandatory notification responsibilities.
- Must notify AHPRA (s130) within 7 days of:
- Criminal charges (โฅ12 months penalty)
- Overseas registration suspension/cancellation
๐น Flowchart Summary for Mandatory Notification
- Is there an impairment?
โ No โ No notification
โ Yes โ Step 2 - Does impairment place public at risk?
โ No โ Consider voluntary notification
โ Yes โ Step 3 - Is risk substantial?
โ No โ Consider voluntary notification - โ Yes โ Mandatory notification required
