Stages of the Notification/Complaint Process
All notifications/complaints pass through stages 1-2, and depending on the outcome of the preliminary assessment may pass through any of the following stages, 3-5.
Stage 1: Receipt of Notification/Complaint
AHPRA receives notification/complaint either by receipt of the completed Notifications Form, letter or telephone.
Stage 2: Preliminary Assessment
A preliminary assessment determines if the matter will be handled by AHPRA or referred to another health complaints entity.
If the location of the incident was in New South Wales, the matter is referred to a NSW Authority (NSW Health Care Complaints Commission and Medical Council of New South Wales) for action.
Preliminary Assessment Outcome
The outcome of the preliminary assessment may be for the Board to:
- take immediate action on the practitioner’s or student’s registration
- investigate the notification
- request a health assessment of the practitioner or student or a performance assessment of the practitioner
- refer the matter to a health or performance panel hearing
- refer the matter to a tribunal hearing
- issue a caution
- accept undertakings
- impose conditions
- take no further action
Stage 3: Investigation
An investigation may need to be conducted to determine the appropriate course of action, which may be to:
- take immediate action
- request a health or performance assessment
- refer matter to a health or performance panel hearing
- refer matter to a tribunal
A decision may be made to:
- issue a caution
- accept undertakings
- impose conditions
- refer all or part of the notification to another body
- take no further action
Where an undertaking or condition applies, the registrant will be subject to monitoring to ensure compliance.
Stage 4: Panel Hearing
A panel hearing will be conducted to determine the appropriate course of action, which may be to:
A decision may be made to:
- issue a caution or reprimand (performance and professional standards panel only)
- impose conditions
- refer to another body
- suspend (only by a Health Panel)
- take no further action
Where an undertaking or condition applies, the registrant will be subject to monitoring to ensure compliance.
Stage 5: Tribunal Hearing
A tribunal hearing will be conducted to determine the appropriate course of action, which may be to:
- issue a caution or reprimand
- impose conditions
- fine registrant
- suspend registration
- cancel registration
- take no further action
Where an undertaking or condition applies, the registrant will be subject to monitoring to ensure compliance.
Tribunal hearing outcomes are made available to the public.
Protection of the Public when Investigations are placed On Hold
At the beginning of, or during, the investigation of a notification, the relevant Board may make a decision to place the investigation on hold. This can happen if the conduct of the student or practitioner is subject to a:
- coronial investigation
- coronial inquest
- police investigation
- court proceeding
- criminal prosecution
While the health practitioner is subject to one of these actions, the relevant Board may form the belief that the practitioner poses a serious risk and there is a need to protect the public by taking immediate action.
This may result in suspending or imposing conditions on the registration status of a student or practitioner.
If immediate action is not required, AHPRA will assess the notification thoroughly to enable the relevant Board to make an informed decision about it. Each investigation is tailored to the notification received, and complex matters take more time. AHPRA aims to complete most investigations within six months.