If you’re a health practitioner who has received a notice of proposed immediate action from Ahpra or other regulator, it’s essential to act quickly. Your registration—and your ability to practise—could be at risk.

What Is Immediate Action?

Under Section 156 of the Health Practitioner Regulation National Law, a National Board can take immediate action against a registered health practitioner if it believes:

• The practitioner poses a serious risk due to his or her conduct, performance, or health, and immediate action is needed to protect public safety;
• The practitioner obtained registration using false or misleading information;
• His or her registration has been cancelled or suspended in another jurisdiction; or
• Immediate action is otherwise in the public interest (for example, due to criminal charges unrelated to practice).

The Process Explained

1. Complaint and Risk Assessment
   Immediate action usually follows a notification (complaint) made to a National Board. The Board conducts a risk assessment, which typically takes up to 60 days. Outcomes may include:

• • A caution
  • Conditions on registration
  • A performance or health assessment
  • Closure of the matter without further action
  • Referral for further investigation

2. Notice of Proposed Immediate Action
   If immediate action is deemed necessary, the Board will notify the practitioner and invite a response. Proposed actions may include:

• • Suspension of registration
  • Conditions on practice
  • An undertaking (e.g. limits on practice)
  • Voluntary surrender of registration

The Board must provide reasons and allow the practitioner to make submissions before a final decision is made.

3. Your Response
   This is your chance to influence the outcome. A considered response might include:

• • Addressing the Board’s concerns with supporting evidence
  • Demonstrating steps taken to address issues (e.g. training or rehabilitation)
  • Providing character references
  • Proposing an alternative course of action
  • Seeking legal advice to guide your submission

4. Final Decision
   After reviewing your response, the Board may:

• • Proceed with the proposed action
  • Impose a different form of immediate action
  • Decide not to take immediate action

The Board must inform you of its decision, the reasons, your appeal rights, and any further steps (such as a referral to a tribunal).

Key Takeaways

• Receiving a notice of proposed immediate action is serious—your registration may be at risk.
• You have a right to respond. Doing so carefully, with legal guidance, can make a meaningful difference.
• Even if immediate action is taken, further regulatory steps may follow.

If you’ve been contacted by Ahpra or other regulator regarding immediate action, we strongly recommend seeking professional advice. Our team has significant experience advising practitioners in these situations.

Please contact Brenton Priestley, David Gardner, Jonathan Khoury or Sinisa Popovic for tailored advice.

This information is general in nature and does not constitute legal advice.