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A vexatious notification (concern) is one without substance, made with an intent to cause distress, detriment or harassment to a practitioner named in the notification. Vexatious notifications can come from anyone including patients, members of the public and other practitioners.
In 2017 Ahpra commissioned independent research that took the first international look at vexatious complaints. The report, Reducing, identifying and managing vexatious complaints found that vexatious complaints account for less than 1 percent of notifications received, and that there is greater risk of people not reporting concerns than of people making truly vexatious complaints.
The report also noted that being on the receiving end of any notification is a distressing experience for any health practitioner. Regulators need to have good processes for dealing with unfounded complaints quickly and fairly.
A National Board may decide to close a notification without any regulatory action being taken for a number of reasons. Vexatious notifications account for approximately 1% of these notifications. This is compared with notifications that are considered to be misconceived or lacking in substance, but without a clear intention to cause distress, detriment or harassment to a practitioner, which make up the largest proportion of notifications closed without regulatory action.
We know that around 4 out of 10 vexatious notifications have been made by another health practitioner.
Figure 1: a graph representing notifications where the outcome is no further action
Figure 2: 2 in 5 vexatious notifications are made by another health practitioner
Figure 3: Percentage of vexatious notifications where the primary concern related to either a practitioner’s conduct or performance.
In December 2020, we published A framework for identifying and dealing with vexatious notifications (the Framework). The Framework supports Ahpra staff and regulatory decision makers to identify and manage potentially vexatious notifications.
This evidence-based Framework considered recommendations made in the Reducing, identifying and managing vexatious complaints’ report and forms part of our work to ensure a strong reporting culture so that genuine concerns about patient safety are reported and appropriately addressed.
The Framework also supports earlier consideration of vexatiousness in a notification, prompting a range of management tasks to respond.
The framework outlines:
We have been conscious in the preparation of the Framework to ensure that it does not discourage individuals with genuine concerns coming forward. In December 2024, the National Health Practitioner Ombudsman’s (NHPO) published a review of the Framework and made recommendations on how Ahpra could improve its identification, assessment and management of vexatious notifications. In response to the NHPO’s review, Ahpra implemented a number of changes to our framework to strengthen our approach to identifying and managing vexatious notifications.
You can access the Independent Report, our Framework and our work on improving our identification and management of vexatious notifications below:
NHPO’s review of Ahpra’s framework for identifying and managing vexatious notifications
A notification was received about a registered nurse raising concerns that the practitioner had threatened and abused a patient and breached their confidentiality by posting about them on social media platforms.
The notifier was not able to provide evidence of the practitioner's posts on social media or to support the concerns raised, and had raised multiple notifications about practitioner's involved in their care. Information obtained from the practitioner indicated that the notifier had been barred from the clinic due to harmful and inappropriate behaviour towards practitioners.
The notification was determined by the National Board to be vexatious and was closed without any regulatory action.
A notification was received from a confidential notifier, raising concerns that a registered nurse was inappropriately accessing the notifier's clinical records and had stolen first aid equipment from their employer.
The notifier did not respond to requests from Ahpra for further information. The practitioner provided information that the notification may have been raised in the context of a family dispute and refuted the concerns raised.
The notification was determined to be vexatious by the National Board and was closed without any regulatory action.
A notification was raised by a patient raising concerns about a medical practitioner's refusal to prescribe a restricted medication.
The practitioner provided information to Ahpra outlining the reasons for their professional judgement not to prescribe the medication.
The National Board considered that the information provided by the practitioner indicated that the practitioner was practicing safely and no regulatory action was required.
A notification was received from a patient raising concerns that a registered physiotherapist had made inappropriate comments about their weight and made the patient perform exercises against their surgeon's advice.
The practitioner advised Ahpra that they reflected on their practice and the importance of effective communication with patients. They voluntarily completed a relevant education module with their employer and engaged in coaching around the delivery of compassionate care.
The National Board considered that the steps concerns were appropriate and no further taken by the practitioner in response to the regulatory action was required.
We understand that practitioners who feel that they may be the subject of a vexatious notification are more likely to experience stress and anxiety. Our staff are equipped to identify and support these practitioners and to implement management strategies set out in our framework when a concern about vexatiousness is raised with us.
Our staff are here to help you before, during or after the notifications process. We encourage you to visit our General support services page where you can find the contact details for additional support services
