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24 Inside News
Medical practitioners have certain
statutory duties under legislation
applicable to each individual state
or territory. However, there are some
overarching guidelines for both Australia
and New Zealand
In Australia, the criteria requiring
grounds for mandatory reporting are
defined as follows:
• Any practitioner or employer
who forms a belief that another
practitioner has engaged in notifiable
conduct is obliged to make a report
to AHPRA as soon as practicable.
• “Notifiable conduct” is defined as
follows:
o practised the practitioner’s
profession while intoxicated
by alcohol or drugs; or
o engaged in sexual misconduct in
connection with the practice of the
practitioner’s profession; or
o placed the public at risk
of substantial harm in the
practitioner’s practice of
the profession because the
practitioner has an impairment; or
o placed the public at risk of harm
because the practitioner has
practised the profession in a
way that constitutes a significant
departure from accepted
professional standards.
• This obligation applies to all
practitioners and employers of
practitioners in relation to the
notifiable conduct of practitioners
across all health professions. Note
that individual laws do vary where the
notifying practitioner is also treating
the practitioner and reference should
be made to the regional legislation.
• There is also a mandatory obligation
for education providers and
practitioners to report a student with
an impairment that may place the
public at substantial risk of harm.
What does reasonable belief mean?
The MBA states that this must be
“a stronger level of knowledge than
mere suspicion” and that there is
“a concern of the public being placed
at risk of harm”. Failure to report may
result in action by AHPRA in respect of
conduct and performance.
Quality Practice
Mandatory Reporting
For more information regarding
obligations in Australia
The Medical Board of Australia provides comprehensive guidelines regarding
mandatory reporting on their website
Guidelines-Policies/Guidelines-for-mandatory-notifications.aspx. There is an
interactive version as well as a downloadable pdf document.
AHPRA also provides guidelines on their website
Notifications/Who-can-make-a-notification/Mandatory-notifications.aspx and
links can be found there to each of the National Boards, who also provide
guidelines and links to appropriate legislation for medical practitioners.
The Medical Radiation Practice Board publish specific guidelines on the AHPRA
website at
Guidelines.aspx .
Departments of Health in each state are also useful resources.
For more information
regarding obligations
in New Zealand
Information about when a practitioner
needs to make a complaint about
another can be found on the Medical
Council of New Zealand website
There are several
touch points listed under “Fitness to
practise” including “Competence
Concerns”, Health Concerns”,
“Conduct Concerns” and
“Making a Complaint”.
If you have any comments or would
like to discuss any aspect of mandatory
reporting please contact Laina
De Winne, Head of Member
Engagement at the College at
or on +61 2 9268 9777