Memo · Health & Medical Law

Memo assessing a mandatory notification obligation under the National Law

Memo template for deciding whether a practitioner, treating practitioner or employer must notify Ahpra about notifiable conduct: who must notify, the four kinds of notifiable conduct, the reasonable belief threshold, exemptions, timing and protections.

Kind
Memo. An internal or advice memo.
Where it applies
Australia, Western Australia, New South Wales, Queensland
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 6 authorities it cites, for 4 jurisdictions.
Version
1
Source
Written for this library

When to use it

Use when a health practitioner, health service or employer asks whether they must make a mandatory notification about another practitioner or a student. Western Australia's treating practitioner exemption and the NSW and Queensland complaint arrangements need separate attention.

How AI may be used

Lawyer-led. AI may set out the statutory thresholds and organise the facts, but whether a reasonable belief of notifiable conduct exists is a fact-sensitive judgment for the lawyer and the practitioner.

AI may

  • Organise the facts provided into a dated summary with sources.
  • Lay out the statutory tests and exemptions as a checklist for the lawyer.
  • Draft the notification form content only after the lawyer decides to notify, from the lawyer's instructions.

AI must not

  • Must not decide whether the reasonable belief threshold is met.
  • Must not be given the identity or health information of the practitioner or patients in a tool not approved for sensitive information.
  • Must not advise that notification is not required because an exemption applies.

The lawyer checks

  • The role of the person who must decide (non-treating practitioner, treating practitioner, employer) is identified.
  • Each of the four kinds of notifiable conduct is considered separately.
  • Exemptions are checked against the facts, including the WA treating practitioner position.
  • If notification is required, it is made as soon as practicable and recorded.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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