Medical Board of Australia - Frequently asked questions about Monitoring and compliance

Frequently asked questions about Monitoring and compliance

Restrictions will remain on your registration until the Board is satisfied that they are no longer necessary. Applications to review (change or remove) restrictions can be considered once the review period has ended. If the review period has not ended but you reasonably believe there has been a material change in your circumstances, you can also apply to the Board to have the restrictions reviewed. More information is available on the Making an application for review of restrictions page.

Once a complete application has been received, Ahpra and the Boards work together to finalise a decision as quickly as possible. However, we manage a high volume of compliance matters and may find it necessary to prioritise issues which represent a risk to public health and safety, or which delay a practitioner’s commencement or return to practice. This may result in delays of up to 12 weeks for consideration of some applications to review or remove restrictions.

For more information about the time it takes Boards to make a decision, see the section about 'How long does it take the Board to make a decision about my case?'

We acknowledge that our timeframes for decision-making may be longer than you would hope for and we regret if this makes an already difficult time more challenging.

A reprimand will remain on your registration until the specified publication end date, at which time it will be removed without the need for you to apply for it to be removed.

Where there is no specified publication end date, or the reprimand was imposed under prior legislation, it will remain on your registration until you apply for its removal and the Board is satisfied that it is no longer necessary or appropriate to record the reprimand on the register. If you make such an application prior to five years from the date of publication you should identify compelling circumstances that warrant early removal.

More information is available on the Removing reprimands from the national register page.

Once all required information has been received from you, Ahpra and the Boards work together to finalise a decision as quickly as possible. However, there are some factors that may affect the timeframe. These include:

  • Ahpra staff may find it necessary to prioritise which matters to prepare for consideration by the Board. Priority is given to issues which represent a risk to public safety and issues which delay a practitioner’s commencement or return to practice. This may result in other matters being submitted to a subsequent board meeting.
  • Boards have set meeting dates throughout the year. Some Boards meet fortnightly, some meet monthly. Matters are considered out of session only in extenuating circumstances.
  • Ahpra staff need time to prepare material for Board meetings and Board members need time to consider the information. Therefore, the information to be considered must be submitted to Ahpra a fortnight prior to the meeting, or longer depending on the complexity of the matter. Information received inside of that timeframe usually will not be considered until a subsequent meeting.
  • Some matters considered by a Board need to be confirmed in detail following the meeting although most are finalised within seven days. All decisions are provided to you in writing. If you have not been notified of a decision, it’s likely it has not been finalised.
  • Some Ahpra staff are delegated to approve some requests in limited circumstances. Where decisions meet the required criteria, this can result in shorter timeframes subject to prioritisation, complexity and peak work periods. Where decisions do not meet the required criteria, they will be presented to the Board.

We acknowledge that our timeframes for decision-making may be longer than you would hope for and we regret if this makes an already difficult time more challenging

Additional copies of templates and the forms specified in your restrictions can be found on the National restrictions library page. The form codes are detailed in your restrictions to help you find the correct one from the list on the website.

Application forms to request the review or removal restrictions or removal of a reprimand are available from the Common Forms page.

Guidance about how to write a reflective report following completion of an education restriction is available on the Reflective reports (Education) page and following mentoring on the Reflective reports (Mentoring) page. The reflective report guidance does not apply to medical practitioners who should provide a reflective report based on self-reflection techniques they have learned over their career.

Ahpra does not provide templates for mentoring plans, one on one education plans or audit plans. For more information about how to write a suitable plan, please review the monitoring plan or other information provided to you in our initial correspondence. It may also be appropriate to consult with your nominated mentor, educator or auditor. Plans need to provide the Board with assurance that the issues leading to the restrictions will be adequately addressed

The requirements of a nomination are contained within the wording of your restrictions and the corresponding forms. Please review those carefully before submitting your nominations to ensure they are complete and avoid any delay in having them considered.

For education restrictions, unless a specific education course is stated in your restrictions it is your responsibility to find a course that fulfils the requirements and best suits your circumstances. The following guidance may assist you:

  • Review the wording of the notice of the decision to impose the restrictions. This notice outlines the Board’s concerns and what is required of the education program.
  • Ensure that the program will provide you with evidence of completion (e.g. a certificate) and clearly shows the duration of the program.
  • Ensure that your nomination includes a detailed course plan or curriculum so the Board can assess its suitability. In the absence of a detailed course plan or curriculum the Board may refuse your nomination.

Yes, you can renew your registration while you have restrictions. Complete your renewal application as you usually would. Declaration requirements vary from profession to profession. If you are not asked about whether you have current restrictions, you do not need to declare anything further.

Sometimes an application for renewal by a practitioner who has restrictions may not be decided prior to the end of the renewal period. Provided your name appears on the public register as being registered you are permitted to continue to practise in accordance with all requirements of the restrictions on your registration.

Our compliance inboxes are always monitored and you should receive an acknowledgement within 48 hours of sending your email. Please be sure to check your “Junk” email folder. If you haven’t received an acknowledgement email within 48 hours, please contact us to confirm receipt of your documents. Please refer to the contact details provided to you in our initial correspondence.

If you have received an acknowledgement email, rest assured your submission will be reviewed as soon as possible. We receive a large number of emails, some of which are requests for status updates from practitioners. Responses to such enquiries impact our processing times. We appreciate your patience while we review your submission.

 
 
 
Page reviewed 14/12/2021