When someone raises a complaint or concern about a health practitioner with the Australian Health Practitioner Regulation Agency (Ahpra) it's what’s known as a notification. Anyone can raise notification about any health practitioner registered in Australia. These notifications are part of the system for keeping patients and the public safe.
Common reasons for receiving a notification
Notifications can occur for various reasons and will include alleged breaches of professional conduct and concerns about clinical performance such as:
- medication errors,
- failure to act (neglect),
- Improper assessment,
- poor documentation, or
- unauthorised restraint.
In some cases, personal health issues affecting your professional practice might be the catalyst. This can include:
- practising with an unmanaged condition, and
- Substance misuse.
In other instances, notifications may be issues relating to sexual misconduct, dishonesty, criminal conduct, or breaching registration restrictions. You can download the complete guidelines for mandatory notifications online.
What happens once you receive a notification?
For Australian nurses and midwives, facing a notification has several stages with the specific steps and outcomes determined by the risk assessed in each individual case.
- Notification is Received
Ahpra may receive a notification from anyone, including patients, a member of the public, an employer, or another health practitioner. The notification will be assessed to determine if it needs to be considered by the Nursing and Midwifery Board of Australia. If it does not require assessment, the concern may not proceed or be referred to another entity (such a health complaints entity). If the concern does meet the threshold, it will progress to the next stage.
- Assessment and Information Gathering
In most cases, Ahpra will contact you directly with the details of the notification and the concerns being raised. You may be asked to provide a response and to provide other relevant information (such as clinical records). This stage may also include speaking to the notifier and obtaining information from your workplace.
- Immediate Action
In certain circumstances, when there is an immediate and serious risk to public safety, immediate restrictions may be imposed on your registration and practice. This doesn’t occur often and only in cases when the risk to the public is determined to be significant.
- Board Decision and Outcomes
Once the assessment is wrapped up, the NMBA will figure out the best way to move forward. Remember, their main priority is to keep the public safe, so the end result really depends on the specifics of each case. In some cases, Ahpra may decide no further action is needed at all. In other cases, the NMBA might suggest putting restrictions on your registration. If that happens, you’ll get a chance to share your side of the story during what’s called the "show cause" period.
After they hear from you, the NMBA could:
- Decide to take no further action after all.
- Stick with the restrictions.
- Scale them back to something less intense than originally planned.
If they do decide to go ahead with restrictions, you always have the right to appeal. Being aware of all potential outcomes allows you to approach the situation with a clear plan. Other possible outcomes of your notification include:
- No Further Action
- Caution
- Undertaking
- Conditions on Registration
- Referral for Investigation
- Referral to a Tribunal
- Referral to Another Agency
What to do upon receiving a notification
It’s completely normal to feel a bit overwhelmed when you receive a notification but taking it step-by-step will help you stay in control. Here’s a breakdown of how to handle the process professionally and effectively.
Understand the Concerns
Start by carefully reviewing the complaint. Getting a clear handle on the specific concerns being raised will help you identify exactly what information you’ll need to provide.
Keep Your Records Organised
Gather all relevant details, including patient files and any related correspondence. Having well-organised documentation doesn’t just support your side of the story but is also a great way to quickly clear up any potential misunderstandings.
Know Your Obligations
As a nurse of midwife, you’re required to cooperate with Ahpra’s requests for information. Throughout the process, it is also essential to maintain strict confidentiality to protect patient privacy and uphold professional trust.
Get the Right Support
You don’t have to navigate this alone. You have the right to seek legal advice, and your union can connect you with professional legal services who specialise in health law if needed. Beyond the legal side, you also have to remember to look after your mental health. This can be a stressful time, so reaching out to family or seeking support through helplines can make a big difference.
If you're feeling distressed, please reach out to the free, anonymous and confidential national helpline for nurses and midwives at 1800 667 877.
Stay on Top of Deadlines
Ahpra will provide specific timeframes for your responses. Mark these in your calendar immediately, as meeting deadlines ensures the process goes smoothly and doesn't negatively impact your case. It’s important to remember that the notification process can be lengthy and extended across months, meaning that often time communication with Ahpra can be limited. We know that this can be frustrating and will always be available for support when you need it.
Notification Navigator
Notification Navigator is our free support service for nurses and midwives who are the subject of a notification. The service provides nurses and midwives with accessible, professional, confidential, compassionate, and individualised assistance throughout the notification process.
Our team is staffed by Registered Nurses and Midwives who have post-graduate qualifications in counselling as well as further knowledge around the notification process. While it is an appointment-based service, they provide you with support throughout the process with judgement-free and client-led conversations.
If you’re subject to notification, we’re here for you. If you ever need support, call us on 1800 667 877.