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Australian Health Practitioner Regulation Agency Reporting Procedure

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Purpose | Scope | Principles | Procedure statements | Procedure owner and contact | Definitions | Approval information | Version history | References | Appendix 1: The UTS Australian Health Practitioner Regulation Agency (AHPRA) Notification Panel Terms of Reference

1. Purpose

1.1 The Australian Health Practitioner Regulation Agency Reporting Procedure (the procedure) outlines UTS’s reporting obligations under the Health Practitioner Regulation National Law 2009 (NSW) (the national law).

1.2 The procedure should be read in conjunction with the Internships Management Policy (the policy).

2. Scope

2.1 This procedure applies to all students participating in clinical training and professional healthcare placements (hereafter placement), paid or unpaid, which are under the national law, part of a course of study and/or organised by UTS.

2.2 This procedure does not apply to:

  • students who voluntarily undertake a placement that may be related to, but is not an assessable requirement of, their course or subject, unless the placement is arranged by UTS
  • incidents of notifiable conduct of UTS-registered health practitioner staff members (this reporting obligation is managed by the People Unit)
  • any decision (or appeals process) made under section 10, Student Rules, or any issue relating to a failure to meet the inherent requirements of a course (refer Inherent requirements
  • any decision (or appeals process) made under Rule 3.4 or Rule 16.9 of the Student Rules, which is separate (though may take place in parallel) to the processes outlined in this procedure (refer Temporary Exclusion Policy).

3. Principles

3.1 UTS in fulfilling its obligations under the national law will seek to help students through any internal decision-making processes and, where necessary, the mandatory notification process.

3.2 Staff must at all times undertake their obligations with consideration and care in line with the Code of Conduct and the Equity, Inclusion and Respect Policy.

3.3 Students must behave in accordance with the requirements of the Student Rules, the Student Rights and Responsibilities Policy and the Equity, Inclusion and Respect Policy.

4. Procedure statements

UTS obligations and duty of care

4.1 UTS is obliged under the national law to report the impairment (defined in section 5, Definitions of the national law) of a student where that impairment may place the public at substantial risk of harm. Refer AHPRA: Concerned about a health practitioner? for further guidance about the types of concern managed under the national law.

4.2 Students undertaking a placement under the scope of the national law and this procedure must be made aware of the university’s obligations to AHPRA. Faculties may direct students to this procedure, to support services offered by UTS and to the Australian Health Practitioner Regulation Agency for further information.

4.3 The UTS Australian Health Practitioner Regulation Agency Notification Panel (the panel) will consider the nature and impact of a student’s impairment and seek to ensure transparency and fairness as part of its decision-making (refer University responsibilities).

Identifying and confirming an impairment

4.4 A staff member who forms an opinion that a student has an impairment that may place the public at substantial risk of harm should, in the first instance, seek guidance from their supervisor, taking into consideration issues of confidentiality.

4.5 The staff member, in consultation with the supervisor, may decide whether or not to refer the issue to the chair of the panel. Initial contact can be made through the office of the Deputy Vice-Chancellor (Education and Students).

4.6 Where an impairment is identified, the supervisor should:

  • notify the panel chair in writing no more than five working days after receiving a report from a staff member providing:
    • evidence of the identified impairment
    • details of activities the student must perform that may put the public at risk
    • description of how the impairment will impact on the student’s ability to safely perform the activities to such an extent that the public may be at risk
    • evidence of staff consultation with the Accessibility Service, and
    • any accommodations/strategies considered and determined to be insufficient to address safety concerns
  • let the student know of the decision to notify the panel chair, the safety concerns raised and any decision made by the chair, and
  • act as a liaison between the panel chair and the student, requesting and providing additional information to (and from) both as necessary.

4.7 The panel chair must determine, as soon as possible after receiving a report from the supervisor, whether the matter:

  • should be referred to the panel for further consideration, or
  • does not require panel consideration and the student may resume their program of study (and notify the supervisor of this in writing).

4.8 Where the chair identifies a conflict of interest, the matter should be immediately referred to the alternate chair to make the determination.

4.9 The chair convenes the panel (with the office of the Deputy Vice-Chancellor (Education and Students)) ideally within five working days of receiving a report from a supervisor.

AHPRA Notification Panel duties

4.10 A panel, including a chair and an alternate chair, will be appointed by the Deputy Vice-Chancellor (Education and Students) in line with the terms of reference outlined in Appendix 1.

4.11 The chair must set the date of the meeting and give the panel all relevant documentation as soon as possible, taking into consideration issues of privacy and confidentiality. Documentation requested from and provided by the student (normally via the supervisor) should also be provided.

4.12 The panel should request any additional information from the student’s supervisor before the meeting to ensure the decision-making process is not too long.

4.13 The panel must determine whether there is an impairment in line with the panel’s terms of reference.

AHPRA Notification Panel decisions

4.14 After the meeting, the panel may:

  • determine that the identified impairment will not put the public at substantial risk of harm and that no further action is required
  • refer a matter back to the supervisor for further consideration
  • where it is unclear whether the student has a notifiable impairment (refer statement 4.15), and there are six or more weeks before the scheduled start of the placement, suspend notification to AHPRA and reconvene the panel to review the suspension of notification (refer statement 4.16) no later than 15 working days before the scheduled placement
  • recommend that the Responsible Academic Officer (RAO) suspends the placement under Rule 3.4, Student Rules for a specified period of time to enable the student to address, manage or remediate their impairment, or
  • advise the Director, Governance Support Unit (GSU) to proceed with mandatory notification to AHPRA.

4.15 An impairment may be unclear because there is insufficient documentation, or the nature of the impairment is such that it may diminish or become manageable by the time of the placement and there will no longer be a substantial risk of harm to the public.

4.16 Where notification to AHPRA is suspended and a panel is reconvened, the panel should consider any further documentation provided by or on behalf of the student. If the panel’s decision is that the student has an impairment that places the public at substantial risk of harm the chair of the panel will advise the Director, GSU to proceed with notification to AHPRA.

4.17 Decisions will be made in a timely manner to avoid impact on student and staff wellbeing.

4.18 In all cases, the panel must notify the supervisor of the decision.

4.19 Students may, at any time before a decision to notify AHPRA, be offered an opportunity to defer their placement, transfer to a different course of study (where possible) or withdraw (in line with the Student Rules). In these cases, AHPRA may not need to be notified. This is decided on a case-by-case basis.

University responsibilities

4.20 The supervisor will decide on other actions to be taken following a decision by the panel. These may include to:

  • notify the placement supervisor of the decision
  • inform the student of the decision to suspend notification or not to notify
  • refer the student to the UTS Counselling Service
  • notify the UTS staff member who formed the initial opinion of the student’s impairment
  • discuss possible ways in which the risk of harm to the public may be mitigated, such as consulting the student before the placement or the student deferring their placement, and/or
  • where the panel has decided to suspend notification, give an update (no later than 20 working days before the placement is due to begin) to the panel chair of any documented change in impairment and/or perceived risk to the public, or change to the placement date.

4.21 Where necessary, Rule 3.4.6 may apply. Decisions under this rule are in addition to, and separate from, the decision from AHPRA, though may be made in parallel. A recommendation to apply Rule 3.4.6 may come from the panel, AHPRA or a separate way.

4.22 Panel members and any other staff involved in the AHPRA panel process must act in accordance with the confidentiality requirements of this procedure.

Formal notification to AHPRA

4.23 Following a panel’s decision to proceed with mandatory notification (as outlined in statement 4.14), the Director, GSU will formally notify AHPRA at least 10 working days before the scheduled start of the placement.

4.24 The Director, GSU will notify the student and relevant staff members of the decision to notify AHPRA and the reasons for the decision in line with this procedure. Formal notification (taking into consideration the requirements of the Privacy Policy) will be sent to:

  • the panel chair (or alternate chair)
  • the Deputy Vice-Chancellor (Education and Students)
  • the Director, Student Services Unit
  • the relevant supervisor and RAO, and
  • the student (also providing advice about support services offered by UTS).

4.25 AHPRA will assess the notification and present the information to the national board for consideration. This may result in a number of possible outcomes. Further information is available from AHPRA: Has a concern been raised about you?.

Independent notification by a health practitioner

4.26 If the staff member who identified the impairment is a health practitioner they may consider independent notification to AHPRA where they strongly disagree with a panel’s decision against mandatory notification.

4.27 A health practitioner may independently notify AHPRA where they:

  • believe that the panel has failed to consider the issue fully (given the specific nature of the placement)
  • believe that the panel has not come to a conclusion within a reasonable time (given the date of the placement), or
  • have specific reasons for doubting the quality and validity of the decision-making process.

Confidentiality

4.28 All matters will be treated confidentially. The student’s identity must only be disclosed when required. Access to the student’s documentation must be limited to those who need to know about the matter in order to make a decision, recommendation or take any relevant action.

4.29 Recordkeeping requirements outlined in the Records Management Policy and Privacy Policy must be observed.

4.30 Members of the panel must shred all circulated papers after the decision has been confirmed.

Appeals

4.31 There is no internal appeals process for students following a decision to notify AHPRA. UTS has an obligation under the national law to make a mandatory notification where a reasonable belief exists that a student has an impairment that may place the public at substantial risk of harm should the placement proceed.

4.32 A student may appeal a decision of a national board. Further information is available from AHPRA: How we manage concerns.

4.33 UTS has specific obligations under the national law to protect members of the public, however, students who can demonstrate that due process has not been followed in line with this procedure and the national law may refer to the Student Complaints Policy for further support and action.

5. Procedure owner and contact

5.1 Procedure owner: The Deputy Vice-Chancellor (Education and Students) is responsible for enforcement and compliance of this procedure, ensuring that its principles and statements are observed. The Deputy Vice-Chancellor (Education and Students) is also responsible for the appointment of panel members in line with the procedure and the panel’s terms of reference.

5.2 Procedure contact: The Director, Student Services Unit is the primary point of contact for advice on implementing and administering this procedure. The director must also ensure that students with an impairment have the appropriate support, whether or not that impairment is subject to mandatory notification.

5.3 Others:

The Director, GSU is responsible for reporting students to regulatory bodies in line with this procedure and the Delegations. The Director, GSU is also responsible for notifying the student and relevant staff of a panel’s decision to notify AHPRA.

The chair, AHPRA Notification Panel convenes the panel through the office of the Deputy Vice-Chancellor (Education and Students), as well as communicates decisions to the Director, GSU, the supervisor and the RAO.

The alternate chair, AHPRA Notification Panel undertakes all the duties of the panel chair where they are unavailable or a conflict of interest is identified.

The supervisor determines whether to notify the panel chair following a staff member's identification of a student’s potential impairment. The supervisor also liaises with the student and the panel/panel chair throughout the process and, where necessary, supports the student through referrals to the UTS Counselling Service or other UTS support system.

The Responsible Academic Officer makes determinations regarding student participation in placements following the recommendation of the panel as outlined in Rule 3.4, Student Rules.

6. Definitions

The following definitions apply for this procedure in line with the national law. These are in addition to the definitions outlined in Schedule 1, Student Rules.

Impairment is defined in section 5, Definitions of the national law.

Mandatory notification is defined in section 5, Definitions of the national law.

Mandatory notifications by education providers is defined in section 143, Mandatory notifications by education providers of the national law.

Mandatory notifications by health practitioners is defined in section 141, Mandatory notifications by health practitioners other than treating practitioners of the national law.

National boards means the national boards that represent each health profession that is part of the National Registration and Accreditation Scheme.

Notifiable conduct is defined in section 140, Definition of notifiable conduct of the national law.

Placement means an activity where a student is in a work setting as part of the course or subject they are studying. For the purposes of this procedure, placement includes clinical training and professional healthcare placements (refer also Internships Management Policy).

Student is defined in Schedule 1, Student Rules. For the purposes of this procedure, a student also means a UTS student undertaking a clinical training or professional healthcare placement as part of their course of study.

Supervisor, for the purposes of this procedure, means the direct supervisor of the UTS staff member who forms an opinion that a student has an impairment.