Intervention orders are becoming an increasingly common type of proceedings in Victoria. The State, civilians and police continue to use the intervention order jurisdiction to regulate behaviours and relationships.
According to Victorian Crime Statistics from the Crime Statistics Agency, there were 22,916 intervention order proceedings in Victoria in 2022-2023, compared with 8,438 in 2021-2022. This is a remarkable increase in intervention order cases.
People who are in professions are no exception to intervention orders and intervention order proceedings. We regularly assist professionals such as doctors, lawyers, psychologists, psychiatrists, accountants, nurses, school teachers and police members with intervention order matters.
What sets professionals apart is that they are often subject to additional layers of laws and regulations based on their standing in our community, the trust they receive to carry out important work, and the expectation that professionals meet higher standards of behaviour.
What further sets professionals apart is that there may be thresholds of expected standards when at work and in their personal lives that, if not met, may result in censure or misconduct action against them. This can even lead to the professional no longer being able to pursue their career in their chosen profession. Many professionals spend years and tens of thousands to hundreds of thousands of dollars to develop their skills and knowledge to practice in their chosen professions.
Understanding Intervention Orders
Intervention orders, also known as Family Violence Intervention Orders or Personal Safety Intervention Orders in Victoria, are orders made by a court (or, in some cases, directions by police members before a matter goes to court) to protect a person's safety and welfare.
Protecting a person's safety and welfare is prioritised in intervention order jurisdictions. Intervention orders are often made based on one person's allegations, whether supported by evidence or not. Intervention orders can impose significant restrictions, such as limiting whom an individual can contact, what they can post online, and not going to specific locations such as another person's home, school, or workplace.
Health and Medical Practitioners may become involved in intervention order proceedings through their professional work or their personal lives. In these circumstances, they must consider whether they have reporting obligations regarding their involvement in intervention order proceedings.
Overview of Section 130 of the National Law
Section 130 of the National Law outlines the obligations of health practitioners if certain events occur, which are considered " relevant events." Within 7 days of a relevant event, a health practitioner or a student must give the Medical Board written notice of the event.
Relevant events include:
(a) the practitioner is charged with—
(i) a scheduled medicine offence; or
(ii) an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or
(b) the practitioner is convicted of or is the subject of a finding of guilt for—
(i) a scheduled medicine offence; or
(ii) an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or
(c) appropriate professional indemnity insurance arrangements are no longer in place in relation to the practitioner's practice of the profession; or
(d) the practitioner's right to practise at a hospital or another facility at which health services are provided is withdrawn or restricted because of the practitioner's conduct, professional performance or health; or
(e) the practitioner is disqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth because of the practitioner's conduct, professional performance or health; or
(f) the practitioner is subject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contains a direction under section 106U (1) (g) or (h) of that Act that the practitioner be disqualified because of the practitioner's conduct, professional performance or health; or
(g) the practitioner's authority under a law of a State or Territory to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines is cancelled or restricted; or
(h) a complaint is made about the practitioner to an entity referred to in section 219 (1) (a) to (e); or
(i) the practitioner's registration under the law of another country that provides for the registration of health practitioners is suspended or cancelled, or made subject to a condition or another restriction.
The Implications of Intervention Orders on Health Practitioners
A health practitioner is generally not required to notify the Medical Board of an intervention order made where they are a respondent to the order in their personal life. This can occur for many reasons, but it is commonly due to a dispute with a partner, a police callout to their home, or an escalated disagreement between neighbours.
If an intervention order is brought against a health practitioner in their professional capacity as a health practitioner, consideration will need to be given to the basis of the intervention order and whether it creates a relevant event or otherwise an obligation to report. This obligation may be on the practitioner subject to the intervention order, other treating or non-treating practitioners, and the employer.
There are mandatory requirements to report certain conduct where there is a reasonable belief that the health practitioner:
has an impairment;
was intoxicated while practising;
made a significant departure from accepted professional standards; and
sexual misconduct.
Once an intervention order is in place, the person subject to it must comply with the orders and restrictions imposed on them. If they do not, police may charge them with contravening an intervention order. A charge of breaching an intervention order carries a maximum period of imprisonment of two years or five years for persistent breach or a breach intending to cause harm or fear for safety.
If a health practitioner is charged with contravening an intervention order, a relevant event has occurred for the purposes of Section 130(3)(a)(ii) of the National Law, and the practitioner must notify the Medical Board within 7 days.
Further, if a health practitioner is convicted or subject to a finding of guilt for an offence punishable by imprisonment, a relevant event has occurred for the purposes of Section 130(3)(b)(ii) of the National Law, and the practitioner must notify the Medical Board within 7 days.
Legal Responsibilities of Health Practitioners
Health practitioners must stay informed about their legal obligations concerning compliance with Section 130 of the National Law.
Final Thoughts on Intervention Orders and Professionals
Intervention order proceedings present significant challenges for anyone involved. They are becoming exceedingly common, affecting people from all walks of life, including professionals such as doctors, lawyers, psychologists, psychiatrists, accountants, nurses, school teachers, and police members.
Based on the higher standards expected of professionals, there may be additional obligations and standards that professionals are required to meet. If those standards are not met, they may be required to notify their relevant professional body. Professionals involved in intervention order proceedings need to consider any professional obligations. There may be additional disciplinary consequences if professionals fail to comply with their reporting obligations.
While health practitioners are generally not required to notify the Medical Board when they are subject to an intervention order in their personal lives, they need to consider whether a relevant event has occurred or other reporting obligations occur where they are subject to an intervention order that is linked to their work life.
A relevant event has occurred if a health practitioner is charged with contravening an intervention order (regardless of whether they deny the allegation) or is found guilty of an offence punishable by imprisonment. They must notify the Medical Board within 7 days as required by section 130 of the National Law.
Comments