Allied Health NDIS Audit Checklist
National LawHealth Practitioner Regulation National Lawnational-law--s141b-treating-practitioners-notify-substantial-risk-of
Requirement

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.

Clause

National Law s 141B

Regulator

Ahpra and the National Boards

Edition held

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)

Checked current

6 October 2026, our build record of the held copy: no later reprint listed on 30 September 2026

Who it applies to

Registered occupational therapists, physiotherapists and psychologists. Speech pathology is not registered under the National Law.

Practising in Western Australia

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.

s 141BTreating practitioners notify substantial risk of harm to the publicsource
Requirement, our statement of the clause

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.

Evidence that typically shows this
  • 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
Common gap to check
  • 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
Worksheet: what your practice holds, and where
RefHeld (yes, partly, no, not applicable)Where it is keptOwnerLast reviewedNext 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

See every requirement for your practiceSee the specimen practice