From 1 December 2025, Ahpra notifier protections are part of the Health Practitioner Regulation National Law. It is an offence to use threats or intimidation to try to stop a person making a notification to Ahpra or giving information, to dismiss or refuse to employ a person because they did, or to subject them to any other detriment or reprisal because of it. Outside Queensland, the maximum penalty is $60,000 for an individual and $120,000 for a body corporate, and Ahpra says disciplinary action can also be taken against practitioners. Queensland has its own penalties, set out below. A clause in a non-disclosure agreement is void to the extent it stops a person making a notification in good faith. In South Australia the protections started on 4 December 2025. Separately, from 10 April 2026, tribunal findings of professional misconduct based on sexual misconduct are recorded on the Ahpra public register. If you have received an Ahpra notification, do not contact the person who raised it about the notification, and speak to your indemnity insurer before you respond.
If a concern has been raised about your practice, Dealing with a Complaint or Investigation Professionally covers how to respond to a complaint, what the regulator looks for in your response, and how to show insight and remediation. It is A$200 (A$140 with Bulk Buy 10) for 2 CPD hours, self-paced, with a dated certificate on completion.
For the first steps after the letter arrives, read how to respond to an Ahpra notification.
What the Ahpra notifier protections changed
The changes come from the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2025, which Ahpra says became law on 9 April 2025. Three new sections matter to a practitioner who has received an Ahpra notification:
| Section of the National Law | What it says | Maximum penalty |
|---|---|---|
| Section 237A: protection from reprisals | A person must not use threats or intimidation to try to persuade another person not to take protected action, dismiss or refuse to employ a person because they took or intend to take it, or subject them to other detriment or reprisal because of it. | $60,000 for an individual; $120,000 for a body corporate |
| Section 237B: non-disclosure agreements | A provision of a non-disclosure agreement is void to the extent it prevents or limits a good-faith notification or giving information or help under the National Law. A relevant person must not enter into a non-disclosure agreement unless it says clearly and in writing that it does not limit those actions. | $5,000 for an individual; $10,000 for a body corporate |
| Section 225A: additional register information | Where a tribunal has decided that the practitioner's conduct was professional misconduct, and a basis for that decision was that the practitioner engaged in sexual misconduct, the National Board must record additional information on the register. It stays there permanently unless the National Law authorises its removal. | None; this is a duty on the Board |
Ahpra's announcement says: "we will not hesitate to prosecute anyone who threatens notifiers or witnesses acting in good faith."
Who is protected and what conduct is an offence
Section 237A protects a person who takes "protected action". The section defines this as:
- making a notification in good faith under the National Law; or
- giving information, documents or other assistance, in an investigation or for another purpose under the National Law, to a person exercising functions under it.
That covers a patient or a family member who made the notification, a colleague or an employer who reported you, and a witness who gave Ahpra information. Three kinds of conduct are offences:
- Threats or intimidation used to try to persuade a person not to make a notification or not to give information.
- Dismissing, or refusing to employ, a person because they have taken, or intend to take, protected action, or in the belief that they have.
- Any other detriment or reprisal because a person has taken, or intends to take, protected action, or in the belief that they have.
Two points follow from the wording. The offence can apply before a notification is made, because it covers a person who "intends to take" protected action. And the second and third offences cover conduct "in the belief that" a person took protected action, so it can apply even if you are wrong about who made the notification. If you employ staff, this covers decisions about a staff member who has raised a concern or given information to Ahpra. Take advice before you make any employment decision about that person.
Non-disclosure agreements and an Ahpra notification
Section 237B defines a non-disclosure agreement as a contract or other agreement that prohibits or restricts the disclosure of information or documents about the health, conduct or performance of a registered or former health practitioner. A "relevant person" who must include the written statement includes an employer or former employer of a practitioner, a health service provider whose services are provided by registered practitioners, and a health practitioner.
For a practitioner, this means:
- do not offer a refund, a settlement or anything else in return for a promise not to complain to Ahpra, or to withdraw a notification;
- any confidentiality agreement you enter into with a patient, a staff member or a colleague must say clearly and in writing that it does not limit them from making a notification or helping Ahpra;
- if you already have settlement or confidentiality agreements, ask your lawyer whether they need to change.
When the changes started, including South Australia
| Change | In effect from |
|---|---|
| Notifier protections: reprisals and non-disclosure agreements | 1 December 2025 (4 December 2025 in South Australia) |
| Additional public register information: professional misconduct (sexual misconduct) | 10 April 2026 |
| A nationally consistent process for reinstatement orders | 10 April 2026 |
In Queensland, sections 237A and 237B of the National Law do not apply. In their place, the same 2025 Act amended the reprisal provisions of the Health Ombudsman Act 2013 (sections 261 and 262) and added a non-disclosure provision (section 263A). There, the maximum penalty for an individual who takes a reprisal is 375 penalty units or 2 years' imprisonment, and for entering into a non-disclosure agreement without the required statement it is 30 penalty units. If you practise in Queensland or New South Wales, where complaints are also handled by the Office of the Health Ombudsman or the Health Care Complaints Commission, ask your adviser which provisions apply to your matter.
Sexual misconduct findings on the Ahpra public register
From 10 April 2026, where a tribunal has found professional misconduct with a basis of sexual misconduct, the National Board must record this on the Ahpra public register, and the entry will "clearly state when the decision involved sexual misconduct". The Nursing and Midwifery Board of Australia says:
- the information is added to the public register and to the register of cancelled practitioners;
- sexual misconduct includes "professional boundary violations, sexual harassment and criminal offences", inside or outside a practice setting;
- "The changes are retrospective and permanent", and apply to tribunal decisions back to July 2010, the start of the national scheme. For a profession that joined the scheme later, they apply to decisions made from the day that profession joined.
If your notification concerns a boundaries breach with a patient or a colleague, our guide on what Ahpra investigates in boundary violations explains the standards, and Ethical Boundaries with Patients and Colleagues is the course on that subject.
Vexatious notifications: what Ahpra says
Ahpra describes a vexatious notification as one "without substance, made with an intent to cause distress, detriment or harassment". It has published a framework for identifying and dealing with vexatious notifications since December 2020. An independent 2017 report commissioned by Ahpra found that vexatious complaints account for "less than 1 percent of notifications received". A National Board can close a vexatious notification without any regulatory action.
The reprisal offence protects a notification made in good faith. Whether a notification was made in good faith is not your decision to make. If you believe a notification is vexatious, set out the facts in your response to Ahpra with your indemnity insurer's help, and do not raise it with the person you think made it.
What not to do after an Ahpra notification
- Do not contact the notifier about the notification. Do not ask them why they made it or ask them to withdraw it. The offence also applies where you only believe the person made the notification.
- Do not ask colleagues, staff or family to speak to the notifier, or to change what they tell Ahpra. Giving information to Ahpra is protected action too.
- Do not change how you treat a staff member or a colleague because they made a notification or gave information. Take advice before any decision about their employment.
- Do not ask anyone to sign an agreement that stops or limits them from making a notification.
- Keep your response to Ahpra professional. The shared Code of conduct asks you to "work cooperatively with the regulator to provide a prompt, open and constructive response including an explanation". Deal with the facts, not the notifier's motives.
- Get advice before you respond. Ahpra advises practitioners to "engage the supports you need early and throughout the process, including indemnifiers". Your indemnity insurer, a lawyer or your professional association can help.
If the patient who complained is still under your care
The shared Code of conduct, at 4.6 "Complaints", asks you to "ensure the complaint or notification does not affect the patient's care adversely", and adds that "in some cases, it may be advisable to refer them to another practitioner". At 4.7 "Ending a professional relationship", it says the relationship "may become ineffective or compromised" and "may need to end". Good practice then involves ensuring the patient "is informed adequately of your decision to end the relationship" and "facilitating arrangements for the continuing care of the patient, including passing on relevant clinical information."
- Decide with your adviser whether you can keep caring for the patient. If you do, give the same standard of care and keep full notes.
- If the relationship can no longer work, tell the patient clearly, arrange their continuing care and pass on the relevant clinical information.
- Record the clinical reasons for any change. Section 237A makes it an offence to subject a person to detriment or reprisal because they made a notification, so the reason for ending care matters.
The shared Code applies to 12 professions. Doctors, nurses, midwives and psychologists have their own codes, so check the one that applies to you.
Where a remediation course fits
A remediation course on the subject of the concern, completed before a decision is made, gives you a dated certificate and the material for a written reflection to include with your response. If the concern involves honesty, records or the way you have dealt with the person who raised it, Probity and Honesty for Healthcare Professionals covers the principles of probity and the regulatory and legal considerations. Our guides on the Ahpra investigation process and what each outcome means explain the next stages. If an employer or a colleague made the notification, read reported to Ahpra by an employer or colleague.
Sources and further reading
- Ahpra: Greater protections for those who raise concerns (1 December 2025)
- Ahpra: National Law amendments
- Health Practitioner Regulation National Law and Other Legislation Amendment Act 2025 (Qld), as made
- Queensland Legislation: commencement history of Act No. 6 of 2025
- Nursing and Midwifery Board of Australia: Health practitioner register updated under landmark reforms (10 April 2026)
- Ahpra: Vexatious notifications
- Ahpra: Shared Code of conduct
- Ahpra: Has a concern been raised about you? What to expect
- National Health Practitioner Ombudsman: Greater protections for notifiers (published before commencement)
Frequently asked questions
Is it an offence to contact the person who made an Ahpra notification about me?
Contact on its own is not named as an offence. Section 237A of the National Law makes it an offence to use threats or intimidation to try to stop a person making a notification or giving information, to dismiss or refuse to employ them because of it, or to subject them to any other detriment or reprisal because of it. A message about the notification can be read as pressure, so do not contact the notifier about it, and speak to your indemnity insurer first.
What is the penalty for retaliating against a notifier?
Under section 237A of the National Law the maximum penalty is $60,000 for an individual and $120,000 for a body corporate. Ahpra says disciplinary action can also be taken against practitioners. In Queensland the reprisal offence is in the Health Ombudsman Act 2013, where the maximum for an individual is 375 penalty units or 2 years' imprisonment.
Can a patient agree not to complain to Ahpra as part of a settlement?
No. A provision of a non-disclosure agreement is void to the extent it prevents or limits a person from making a notification in good faith or giving information or help to Ahpra. A health practitioner, employer or health service provider must not enter into a non-disclosure agreement unless it states clearly and in writing that it does not limit those actions. The maximum penalty is $5,000 for an individual and $10,000 for a body corporate.
When did the notifier protections start in South Australia?
Ahpra lists the notifier protections as in effect from 1 December 2025, and from 4 December 2025 in South Australia.
Will a sexual misconduct finding appear on the Ahpra public register?
Yes, from 10 April 2026, where a tribunal has found professional misconduct with a basis of sexual misconduct. The register entry states that the decision involved sexual misconduct. The Nursing and Midwifery Board says the change is retrospective and permanent and applies to tribunal decisions back to July 2010. For a profession that joined the national scheme later, it applies from the day that profession joined.
What if I believe the notification about me is vexatious?
Ahpra describes a vexatious notification as one without substance, made with an intent to cause distress, detriment or harassment, and it has a framework for identifying them. Set out the facts in your response to Ahpra, with your indemnity insurer's help. Do not raise it with the person you think made the notification.
This article is published by Healthcare Ethics Australia for general information. It is not legal advice and does not replace advice from your indemnity insurer, professional association or a lawyer about your own matter.