Notification may pose a serious threat to the life, health or safety of an individual or pose a threat to public health or safety, for example, a law enforcement agency obtaining personal information from a confidential source for the purpose of an investigation. Notification may jeopardise the purpose of collection or the integrity of the personal information collected and there is a clear public interest in the purpose of collection, for example, a law enforcement agency undertaking lawful covert surveillance of an individual in connection with a criminal investigation.
An entity collects personal information about a person who poses or is alleged to pose a risk of committing family violence and this collection is permitted by a legislated family violence information sharing scheme, such as that established by the Family Violence Protection Act Vic. The impracticability of notification, including the time and cost, outweighs the privacy benefit of notification. This is especially so where the entity will not rely on the personal information in investigating or resolving the matter, or does not have the contact details of the third party.
Matters about which an individual must be notified or made aware 5. The facts and circumstances of collection 5. If this is not practicable because, for instance, the APP entity collects information from a wide variety of entities and it would not be practicable to give a separate notice in relation to each entity, the APP entity should instead indicate the kinds of entities from which it collects that information.
Where the individual may not be aware of their personal information being collected, the individual should be made aware of the method of collection, for example, that personal information is collected through use of a hidden radio-frequency identification tag RFID tags , software such as cookies , or biometric technology such as voice or facial recognition.
If the collection is required or authorised by law 5. The purposes of collection 5. The consequences for the individual if personal information is not collected 5. A different level of service will be provided to the individual. Other APP entities, bodies or persons to which the personal information is usually disclosed 5. Likely cross-border disclosures of the personal information 5. For example, the APP 5 notice could explain: how the overseas recipient might use, disclose and protect the personal information, including whether the overseas recipient may be required to disclose the personal information under a foreign law see discussion of s 6A 4 in Chapter 8 APP 8 how the individual can request further information about laws or binding schemes that protect privacy in the country of receipt this information may be particularly relevant if an entity intends to rely on the exception in APP 8.
For example, it would be important for an individual to be informed that the failure to provide an agency with personal information will result in the withholding of a service or benefit. The Privacy Commissioner usually interprets the purpose of collection narrowly. For example, the Privacy Commissioner normally does not accept the view that an agency collects personal information just to administer an agency or a set of laws.
The purpose of collection should be more specific than this and it should relate to the current reason for collecting the information … []. Normally the purpose of collection depends on the reason the agency is collecting the personal information at the time it collects the information. However, sometimes the agency knows the information will be used for other purposes. If so, the agency should normally tell the person about the other uses when it collects the information.
An organisation could keep the description of the purposes reasonably general as long as the description is adequate to ensure that the individual is aware of what the organisation is going to do with information about them. The organisation does not have to describe internal purposes that form part of normal business practices, such as auditing, business planning or billing.
The information is often collected to administer one particular program, but that same information is also relevant to other programs which the individual is participating in either at that time or as new government programs or incentives are added. To reduce the burden on both the individual and the agency, the notification requirement needs to encompass that the information may be used for related purposes, which would remove the necessity of repeatedly having to collect the same information or seek new consent for use, especially where we believe the individual would expect us to use their information to update the relevant parts of programs they are participating in.
In some circumstances the [ATO] collects information initially for the purpose of making an assessment or amended assessment but after analysis of the information the purpose changes and prosecution or other civil action is initiated … Proposal 20—2 does not appear to address this situation of subsequent change of purpose.
There is no policy reason to amend or remove this requirement. To the extent that agencies and organisations know at the time of collection that they intend to use the personal information for purposes related to the purpose of collection, those related purposes also should be the subject of notification.
This would not extend, however, to a situation, such as that described by the ATO, where an agency collects personal information for a purpose unrelated to law enforcement but subsequently forms the intent to use the information for a purpose related to law enforcement. An organisation does not need to mention disclosures that the NPPs permit, but in practice happen only rarely.
For example, it does not need to mention disclosures under warrant or to intelligence agencies. Information is usually given to another party by an agency if the agency has a regular arrangement to give information to that party … []. If possible, an agency should name each individual person or body to which it usually gives personal information. But if an agency can give information to a large number of third parties, naming all of them could make the notice given to a person too long or unclear to be of help ….
Agencies should generally name all federal organisations which they usually give personal information to. Generally, agencies should name other parties which they usually give personal information to.
However, if an agency usually gives personal information to a group of organisations that do similar jobs for example, State police forces , the agency can name the group rather than listing its individual members …. If it is impractical to put the names of all the third parties that the agency gives information to on the form, the agency could give a leaflet with the form containing the IPP 2 notice.
It expressed the view that to require a description of disclosures, specifically tailored to each collection of personal information, would be onerous and expensive.
NPP 1. Framing the obligation in the manner recommended by the ALRC below more closely resembles the current position than that proposed in DP 72, and is therefore less likely to cause confusion in its application. Transparent information, communication and modalities for the exercise of the rights of the data subject. Information to be provided where personal data are collected from the data subject. Information to be provided where personal data have not been obtained from the data subject.
Notification obligation regarding rectification or erasure of personal data or restriction of processing. Representatives of controllers or processors not established in the Union.
As part of their performance management plan, they are provided with relevant resources, you implement training, restrict their practice until they demonstrate competency and put in place supervision arrangements to monitor them closely.
Although their practice may have departed significantly from professional standards, the risk of harm to the public is negligible because adequate controls and other strategies are in place. Example 2: You are short staffed and employ a practitioner through the locum service. These range from avoidable errors to practice that is substantially different to accepted standards. You have not yet been able to investigate the claims, but believe that if the reports are accurate, and the locum works somewhere else, the public could be at risk of harm.
As you are not able to put in place any controls to manage the risk, you decide to make a mandatory notification. The employee s who initially reported the concerns to you may consider that they still need to make a mandatory notification if they still do not believe that the risk to the public is adequately managed.
It can therefore be helpful to appropriately clarify how risk to the public is being managed. Use the following flowchart to help you assess whether to make a mandatory notification. You must make a mandatory notification if you form a reasonable belief that a practitioner has or is engaging in sexual misconduct in connection with the practice of their profession.
Impairment , in relation to a person, means the person has a physical or mental impairment, disability, condition or disorder including substance abuse or dependence that detrimentally affects or is likely to detrimentally affect—. An approved registration standard for a health profession, or a code or guideline approved by a National Board, is admissible in proceedings under this Law or a law of a co-regulatory jurisdiction against a health practitioner registered by the Board as evidence of what constitutes appropriate professional conduct or practice for the health profession.
Any entity that believes that a ground on which a voluntary notification may be made exists in relation to a registered health practitioner or a student may notify the National Agency.
We manage notifications, register practitioners and students 2. To protect the public from the risk of harm, registered health practitioners and education providers must report concerns about registered students. It also explains the circumstances that do and do not trigger a mandatory notification. The guidelines also provide information about who may assist in making this decision see section 1. This document explains what reasonable belief is and what impairment means in this context.
The requirement to report is also based on the level of risk. This document also gives more advice about when impairment must be reported, and the obligations of notifiers.
In this case, the Guidelines: Mandatory notifications about registered health practitioners apply. These guidelines explain the requirements for making a mandatory notification about a student under the National Law. This protects the public by ensuring that risks posed by students undertaking clinical training are reported. Under the National Law, certain groups must make mandatory notifications about students under some limited circumstances.
They do not cover when practitioners or employers of practitioners must report practitioners. For more details please read our Guidelines: Mandatory notifications about registered health practitioners.
For more information on how the National Law defines students and education providers, see the Ahpra website. Under the National Law, a student is someone enrolled in an approved program of study and is registered as a student with their respective National Board education providers are responsible for providing information to enable students to be registered 3.
Anyone considering a mandatory notification about a Psychologist with provisional registration should consult the Guidelines: Mandatory notifications about registered health practitioners. Treating practitioners in Western Australia providing a health service to a student are exempt from the requirement to make a mandatory notification but may still be obliged to make a notification as a non-treating practitioner.
All three groups must report students who, by undertaking clinical training with an impairment, are placing the public at substantial risk of harm. A substantial risk of harm is a very high threshold for reporting risk of harm. The National Law does not require students to make a mandatory notification. If they have concerns about a practitioner or another student, they may wish to discuss this with the education provider. If, after reading this guideline, you are still unsure about whether to make a mandatory notification, seek advice from your insurer, legal advisor, or professional association.
Treating practitioners in Western Australia providing a health service to a student are exempt from the requirement to make a mandatory notification. You might not need to make a mandatory notification if there are safeguards in place to reduce the risk of harm to the public. An education provider may have its own process for mandatory reporting obligations. To assess whether the process or circumstances reduce the risk of harm to the public, a practitioner who is an employee of an education provider, may find it helpful to talk to their employer and or their professional association about the concern.
The employee practitioner might still have to make a mandatory notification. The National Law also allows anyone to make voluntary notifications about a student. The National Law provides only limited circumstances for a voluntary notification about students. Concerns about intoxication not amounting to an impairment , sexual misconduct and significant departure from accepted professional standards are not grounds for a mandatory or voluntary notification about a student. If you have concerns about these matters you can consider whether to raise these with the education provider.
For more information about making a voluntary notification, please go to our website, see: www. It explains your obligations, when you must make a mandatory notification about a student and when you do not need to report. A mandatory notification about a student can only be triggered by concerns about impairment.
You must assess if there is a substantial risk of harm to the public when deciding whether to make a notification. Concerns about intoxication, standards of practice or sexual misconduct cannot trigger a mandatory notification about a student.
Although they are not grounds for a mandatory or voluntary notification under the National Law, an education provider or health service provider would typically deal with such concerns under their own policies and processes.
If you have concerns about these matters you can raise them with the education provider. To do so, you generally need direct knowledge not just a suspicion of the incident or behaviour that led to the concern.
As a practitioner or education provider, you are most likely to do this when you directly observe the incident or behaviour. You may have a report from a reliable source or sources about incident or behaviour they directly experienced or observed. In that case, you should encourage the person with the most direct knowledge to consider whether to make a mandatory notification themselves.
You must make a notification if you form a reasonable belief that a student, undertaking clinical training with an impairment, is placing the public at substantial risk of harm a very high threshold for reporting risk of harm to the public.
A student may carry out clinical training with a mental health condition, physical health condition or physical illness, but that is not enough to trigger a mandatory notification. You should only make a notification if you believe there is a substantial risk of harm. You have been made aware that one of your students has been diagnosed with a mental health condition, which at times has required hospitalisation.
The condition is now responding well to treatment, and the student is compliant with the treatment plan. The student is due to go on clinical placement next month, however, having considered the risk factors, as there is not a very high risk of harm to the public, you decide a mandatory notification is not required.
Consider if the risk to the public is controlled or managed through effective treatment or other strategies. If so, this decreases the risk of harm — and the need to report. Controls that reduce the risk and severity of harm to the public affect the obligation to report. You do not need to report if there are effective safeguards to manage the impairment, such as:.
Factors including circumstance, practice context, controls such as oversight and incident reporting, and other arrangements can affect the level of risk and the need to report. There are consequences for practitioners and education providers who fail to make a mandatory notification when they have to, although this is not a criminal offence under the National Law:. An education provider is expected to have processes and protocols in place to assess when and how it would make a mandatory notification.
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In-person services: All our offices are temporarily closed to the public but our work continues. Contact us Office locations. Search term Search. Toggle navigation. Home Codes, Guidelines and Policies Mandatory notifications guidelines Guidelines for mandatory notifications. Codes, Guidelines and Policies Code of conduct Sexual boundaries in the doctor-patient relationship Mandatory notifications guidelines Technology-based patient consultations guidelines Advertising a regulated health service collapse expand Guidelines for advertising a regulated health service Cosmetic medical and surgical procedures guidelines Short-term training guidelines Supervised practice for IMGs guidelines Social media: How to meet your obligations under the National Law FAQ and Fact Sheets.
About the National Boards and AHPRA The 15 National Boards regulating registered health practitioners in Australia are responsible for registering practitioners and students except for in psychology, which has provisional psychologists , setting the standards that practitioners must meet, and managing complaints and concerns notifications about the health, conduct or performance of practitioners.
Guidelines: Mandatory notifications about registered health practitioners Expand all Collapse all. Executive summary Expand. Mandatory notification requirements To protect the public from the risk of harm, registered health practitioners and their employers must make mandatory notifications in some limited circumstances. This document sets out: who must make a mandatory notification how to do it, and how notifiers are legally protected when doing so.
Concerns to report Notifiable concerns have a specific meaning under the National Law. There are four concerns that may trigger a mandatory notification, depending on the risk of harm to the public: impairment intoxication while practising significant departure from accepted professional standards, and sexual misconduct. Notifications by treating practitioners A treating practitioner is a practitioner who becomes aware of the concern while providing treatment to another practitioner.
Notifications by non-treating practitioners A non-treating practitioner is a practitioner who has a concern about another practitioner for example, a colleague but did not identify it while if treating that practitioner. Notifications by employers of practitioners An employer is a person or organisation that employs a practitioner under an employment or service contract or as a volunteer.
Mandatory notification requirements Expand. Concerns to report Expand. Notifications by treating practitioners Expand. This section explains your obligations as a treating practitioner. Read this section to understand how to assess whether to make a mandatory notification.
Notifications by non-treating practitioners Expand. This section explains your obligations as a non-treating practitioner. Read this section to understand how to assess whether you must make a mandatory notification.
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