If you are charged with a criminal offence, Advisory Services recommends you seek advice and possible representation from a criminal lawyer. Criminal offences can have an impact on your practice so it is important that you take appropriate steps to protect yourself.
Seek legal advice regarding whether you need to report the charge/s to Ahpra (the Australian Health Practitioner Regulation Authority). As a registered practitioner, your obligations under Section 130 of the Health Practitioner Regulation National Law requires ‘certain events’ to be notified to Ahpra within 7 days after you become aware of them. Your obligation is first triggered when you are charged (and again if you are convicted). Even if you plan to contest the charge, you may need to make a report to Ahpra.
We recommend you:
- Provide your criminal lawyer with a copy of this Information Sheet
- Ask your criminal lawyer whether you have been charged with an “offence punishable by 12 months imprisonment or more” (please note that the law will vary across Australia)
- If your obligation is triggered, ask your criminal lawyer to help you complete the notification to Ahpra. The link to the “Notification of Certain Events – NOCE-00” can be found here:
https://www.ahpra.gov.au/Notifications/Self-reporting-for-notice-of-certain-events.aspx
- Contact Advisory Services if you receive any communication from Ahpra, the NSW Health Care Complaints Commission (HCCC) or the Dental Council of NSW (DC NSW) about any notification you make to Ahpra.
You should also ask whether you need to report the charge/s (and any conviction) to your employer (or principal if you are an independent contractor). Whether you are in the public or private sector consider the terms of your engagement e.g. if you are employed by NSW Health, there will be policies to consider that set out what matters need to be reported. Likewise, any contract you have in private practice may have reporting obligations.
This could be a particularly stressful time. If you require additional support, please contact Advisory Services to discuss your situation and concerns.
Resources and Articles
The current version of the National Law can be accessed via this link:
https://legislation.nsw.gov.au/view/html/inforce/current/act-2009-86a
Matters to consider when you are charged by the Police
“A cautionary note to all health practitioners: don’t be caught out by section 130 of the National Law!”
“A reminder on section 130 of the National Law: notify the National Boards of ‘certain events’, or face a possible finding of unprofessional conduct”
If you require more information, please do not hesitate to email Advisory Services at advisory@adansw.com.au or call 8436 9944.