Mandatory notification Who? What? When? How? Kieran Pehm Commissioner Health Care Complaints Commission

July 2010 Mandatory Reporting broadened  The Health Practitioner Regulation National Law (NSW) requires mandatory reporting of ‘notifiable’ conduct by all registered health practitioners, their employers and education providers.  Applies to reporting practitioners in the same and also other registered professions.

Who must report?  Registered health practitioners  Employers of health practitioners  Education providers are required to report notifiable conduct.

What must be reported? Notifiable conduct is where a registered health practitioner, employer and education provider has a reasonable belief that a practitioner has:  practised the profession whilst intoxicated by alcohol or drugs  engaged in sexual misconduct in connection with the practice of the practitioner’s profession  placed the public at risk of substantial harm in the practitioner’s practice of the profession because the practitioner has an impairment  placed the public at risk of harm because the practitioner has practised in a way that constitutes a significant departure from accepted professional standards.

What is a reasonable belief?  A reasonable belief is more than a mere suspicion; it may involve observing the conduct, or having direct knowledge about it.  Rumours, hearsay and speculation do not form a reasonable belief.

Report to whom?  All mandatory notifications must be made to the Australian Health Practitioners Regulation Agency (AHPRA)  Notifications can be made verbally, but should be made in writing.

Are there any exceptions? A health practitioner does not have to make a mandatory report where they:  know or reasonably believe that it has already been reported  provide advice about the conduct for legal proceedings or legal advice  work for an insurer that provides professional indemnity insurance  are also a legal practitioner providing advice to the practitioner who allegedly engaged in the conduct  are a member of a quality assurance committee, health professional council or other approved health body, and are prohibited by legislation from disclosing the notifiable conduct

What happens if I do not report?  It is not an offence, but might result in disciplinary action.  If a registered practitioner fails to report may become the subject of a complaint that could be investigated and, in a serious case, lead to the practitioner being prosecuted for unsatisfactory professional conduct.

What happens if I do not report? (cont’d)  If a employer fails to report, AHPRA must give a written report to the Minister of the relevant jurisdiction. The Minister must then notify the relevant health complaints body or any other appropriate body.  If an education provider fails to report, the relevant National Board must publish details of this failure on its website.

Am I protected from liability when reporting? Practitioners are protected from liability and defamation claims when reporting conduct of another practitioner in good faith. The final outcome of a complaint does not matter. Please note: Making a notification is no breach of professional ethics or etiquette; it is not unsatisfactory professional conduct and it does not incur liability for defamation. s 237(3) Health Practitioner Regulation National Law (NSW)

What happens after I make a notification?  For notifications about a NSW practitioner, AHPRA will forward it to the relevant Council.  It is automatically deemed to be a complaint in NSW and will then be referred to the Health Care Complaints Commission to assess it. (NSW specific legislation).

Will the practitioner who is reported be notified?  Practitioners must be notified about the nature of the complaint about them and who the complainant is. Unless:  The Commission believes that notifying the practitioner could prejudice an investigation or place a person at risk of intimidation or harassment. In those cases, it may not notify the practitioner.

Can I remain anonymous? Mandatory reporting requires you to report to AHPRA. You cannot remain anonymous. Remaining anonymous would also result in problems when you are asked to show that you have fulfilled your mandatory reporting obligations.

How the Commission deals with mandatory notifications

Outcome of assessing complaints Complaint received Assessment Refer to professional council or other body Refer to Resolution Service Discontinue Formal Investigation Outcomes health practitioner 15

What actions can the Councils take?  The Council can take immediate temporary action to protect the public health and safety. This may include suspending the reported practitioner or imposing conditions.  The Council may deal with the complaint via its impairment and/or performance assessment programs.