NMBA Complaints and Investigations Explained
Learning that a concern has been raised about you is one of the most stressful moments in a nursing or midwifery career. This guide explains, in plain English, how complaints about nurses and midwives are handled in Australia — who deals with them, what the Nursing and Midwifery Board of Australia (NMBA) can and cannot do, and how the process usually unfolds — so you can engage with it calmly rather than from a place of fear.
Key takeaways
- Concerns about nurses and midwives are called notifications. In most of Australia they are made to Ahpra, which manages them on behalf of the NMBA.
- New South Wales and Queensland work differently: in NSW notifications are handled by the Nursing and Midwifery Council of NSW, and in Queensland they go first to the Office of the Health Ombudsman.
- The NMBA is a risk-based regulator. Its purpose is to protect the public, not to punish — and many notifications close after an initial assessment.
- After assessing a concern the Board may take no further action, seek more information, refer it to a health or performance pathway, investigate, or in serious cases take immediate action.
- Genuine insight and evidenced remediation are often the most influential part of your response.
Who regulates nurses and midwives?
Nursing and midwifery are regulated nationally by the NMBA, working in partnership with Ahpra (the Australian Health Practitioner Regulation Agency) under the Health Practitioner Regulation National Law. Ahpra receives and manages notifications on the Board’s behalf, but the NMBA — not Ahpra — makes the decisions about what happens next.
Two states run their own arrangements:
- New South Wales is a co-regulatory jurisdiction: conduct, health and performance concerns are managed by the Nursing and Midwifery Council of NSW, supported by the Health Professional Councils Authority and the Health Care Complaints Commission.
- Queensland concerns go first to the Office of the Health Ombudsman (OHO), which decides whether to keep a matter or refer it to Ahpra and the NMBA.
What is a notification?
A notification is simply an expression of concern about a nurse’s or midwife’s health, conduct or performance. Anyone can make one — a patient, a family member, a colleague or an employer — and practitioners, employers and education providers have a legal duty to make a mandatory notification if they form a reasonable belief that “notifiable conduct” has occurred (for example, practising while intoxicated, sexual misconduct, significant impairment, or a serious departure from accepted standards).
Making a notification is not the same as being found at fault. It is the start of a process designed to work out whether there is a risk to the public that needs managing.
What happens after a notification is made?
Once a notification is received, it is assessed — the NMBA generally aims to complete a preliminary assessment within around 60 days. You will usually be told a concern has been raised and given the chance to respond. Depending on what the assessment finds, the Board may:
- take no further action — common where a concern is minor, lacks substance, or has already been addressed;
- ask for more information or a written submission from you;
- refer the matter to a health or performance pathway (for example a health or performance assessment) rather than a conduct process;
- begin a formal investigation, carried out by an Ahpra investigator who reports back to the Board; or
- take immediate action — suspending registration or imposing conditions — but only where this is necessary to protect the public while the matter is worked through.
Possible outcomes
When the assessment or investigation is complete, the NMBA decides what, if anything, is needed to keep the public safe. Outcomes range from taking no further action, through a caution, conditions on registration or an undertaking, to — in the most serious cases — referral to a panel or the relevant tribunal. A tribunal can reprimand a practitioner, impose conditions, or suspend or cancel registration. The great majority of matters resolve well short of that point.
How to respond well
How you engage matters. Practitioners who do best tend to take three steps early:
- Get advice. Contact your professional indemnity insurer, your union or professional association (such as the ANMF), or an independent lawyer experienced in health practitioner regulation — ideally before you submit anything in writing.
- Respond honestly and on time. Meet the deadlines you are given, answer the specific concerns raised, and avoid being defensive or minimising.
- Show insight and remediation. Demonstrating that you understand what happened, why it mattered, and what you have changed is often the single most influential part of a response.
Our companion guides explain the notification system in more detail: what an AHPRA notification is and, when you need to write back, how to respond to an AHPRA notification.
Related CPD courses
Prepare and respond with confidence using CPD designed for Australian practitioners:
CPD courseDealing with a Complaint or Investigation Professionally CPD courseFitness to Practise for Healthcare Professionals CPD courseInsight for Fitness to Practise CPD courseRemediation for Fitness to PractiseContinue the Nursing & Midwifery Board series
Professional Boundaries for Nurses and Midwives Reflective Practice and Insight for Nurses and MidwivesFrequently asked questions
Who manages complaints about nurses and midwives?
In most of Australia, Ahpra manages notifications on behalf of the NMBA, and the NMBA makes the decisions. In New South Wales it is the Nursing and Midwifery Council of NSW, and in Queensland concerns go first to the Office of the Health Ombudsman.
How long does an assessment take?
The NMBA generally aims to complete a preliminary assessment within around 60 days, though more complex matters that proceed to investigation take longer.
Will I lose my registration if someone makes a notification?
Usually not. Most notifications close without any restriction on registration. Suspension or conditions are reserved for cases where there is a serious, current risk to the public.
Can I keep working during an investigation?
In most cases yes. Your registration is only restricted if the Board takes immediate action, which happens only where it is necessary to protect the public.
Should I get legal advice?
Yes — contact your professional indemnity insurer, union or professional association, or a lawyer experienced in health practitioner regulation before responding in writing.
This article is general information for education and CPD purposes. It is not legal advice and does not create a practitioner–adviser relationship. If you have received a notification, seek advice from your professional indemnity insurer, your union or professional association, or an independent lawyer experienced in health practitioner regulation. Healthcare Ethics Courses is an independent education provider and is not affiliated with, endorsed by, or acting on behalf of Ahpra or the NMBA; regulator names are used for reference only.