Under the
National Law “impairment” is defined broadly. The definition includes a
physical or mental impairment, disability, disorder as well as substance
abuse/dependency that affects or impairs the practitioner’s ability to practise
their profession and places the public at risk of substantial harm.
In all States and Territories except Western Australia, the
mandatory reporting obligation applies to patients who are health practitioners
(and students) registered under the National Law. Western Australia is the only
State to exempt health practitioners who provide health care to other health
practitioners.
Although the exemption applies in Western
Australia, health practitioners treating an impaired practitioner can make a
voluntary notification if they form a 'reasonable belief' that the impairment
could place the public at risk of harm.