Treating practitioners notify substantial risk of harm to the public
Health Practitioner Regulation National Law s 141B, stated plainly and cited to the edition held, with the evidence an auditor or the regulator asks for, the common gaps, and a free worksheet to fill in.
National Law s 141B
Ahpra and the National Boards
The National Law as the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld), Act No 45 of 2009, Queensland in-force version current as at 10 April 2026 (the host jurisdiction's text, which the other states and territories apply by their own Acts; New South Wales applies its own version with its own complaints scheme)
6 October 2026, our build record of the held copy: no later reprint listed on 30 September 2026
Registered occupational therapists, physiotherapists and psychologists. Speech pathology is not registered under the National Law.
Health Practitioner Regulation National Law on the standards library
Western Australia applies the National Law under its own Act with local variations, including its own rule for practitioners treating another practitioner or student. This checklist names that variation but does not hold its text, so a practitioner in Western Australia should read the Western Australian Act on the state legislation site. The duty of a practitioner who is not treating the other (s 141) and the employer duty (s 142) are separate pages. Western Australian legislation.
A registered practitioner who, while providing a health service to another registered practitioner, forms a reasonable belief that the patient practitioner is placing the public at substantial risk of harm by practising with an impairment, while intoxicated by alcohol or drugs, or in a way that is a significant departure from accepted professional standards, notifies Ahpra as soon as practicable; likewise for a student patient whose impairment may place the public at substantial risk of harm in clinical training. In judging the risk the treating practitioner may weigh the nature, extent and severity of the impairment, whether the patient is managing it or willing to, whether treatment can manage it, and any other relevant matter. Subject to s 141C. Breach is not an offence but grounds for action.
- Documented risk assessment covering the four factors the Law allows the treating practitioner to consider
- Record of the notification decision (made or not made) and its reasons
- Notification made for any impairment regardless of substantial risk, deterring practitioner-patients from treatment
- No record of the reasoning where the treating practitioner decided the threshold was not met
| Ref | Held (yes, partly, no, not applicable) | Where it is kept | Owner | Last reviewed | Next review |
|---|---|---|---|---|---|
| s 141B |
Completing this worksheet records what your practice holds and where. It does not make a practice compliant or ready for audit, and it is not legal advice.
Related requirements
Health Practitioner Regulation National Law
- s 141ATreating practitioners notify sexual misconduct
- s 142Employers notify notifiable conduct of registered practitioners they engage
- s 141Mandatory notification by practitioners of another practitioner's notifiable conduct or a student's impairment
- s 149A and Schedule 5Co-operate with Board information requirements and investigators
- s 136No directing or inciting practitioners to unprofessional conduct or professional misconduct
- s 159OComply with interim prohibition orders and disclose them before providing services
- s 134Provide evidence of identity when the Board requires it
- s 196AComply with tribunal prohibition orders and disclose them before providing services
- Every page of this instrument
The same topic in other instruments (notifications to the Board)
- Psychology Board Code of conduct 8.1Reporting obligations
- Common registration standards CH-1 to CH-6Criminal history registration standard
- OT Board standards I-1 to I-7Occupational Therapy Board: Professional indemnity insurance
- Physiotherapy Board standards I-1 to I-6Physiotherapy Board: Professional indemnity insurance
- Psychology Board standards I-1 to I-7Psychology Board: Professional indemnity insurance
See every requirement for your practiceSee the specimen practice