AMAV VICDOC Winter 2024 - Magazine - Page 76
A H P RA
Ahpra takes “no further action” in 70%
of cases it deals with.
When it comes to vexatious notifications
— these accounted for less than 1%
of all notifications.
In March last year, an Ahpra
commissioned study identified 16 deaths
and four instances of attempted suicide or
self-harm among practitioners who were
subject to regulatory notifications within
the four-year study period from January
18 to December 2021. This is 20 cases too
many. Strong actions are needed to address
the distress and harms caused by the
notification process.
Following the release of this study, the
AMA wrote to all health ministers to call
for the following measures:
» mandate, either through a Ministerial
Directive or changes to the National
Law, that Ahpra has a duty of care to
the Registrant and in particular a duty
to minimise the mental health impacts
and financial effects on the health
practitioner who may be subject to
a notification
» require Ahpra and the Medical Board
of Australia to offer confidential support
by an independent mental health
professional to any health practitioner
under investigation
» require all investigations to be completed
promptly — with an average target of
less than six months except in
exceptional circumstances
» ensure that a practitioner has the right
to be personally present and to be
legally represented during all stages
of the investigative process — with the
practitioner or their legal representative
having the full and unfettered right to
support their case.
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AMA VI C TO RIA
While Mr Hardy acknowledges it is
“almost an impossible task to avoid a
notification” at some point in your career,
he stressed Ahpra is not focused on
punishment and the statistics show being
the subject of a notification is by no means
a career ending event.
He also pointed out that many patients
who make a complaint say they would
complain directly to the practice in
question if they knew they had an
internal complaints procedure.
While AMA advocacy over several years
has led to significant improvements in the
Ahpra notification processes, there are
still improvements to be made and
we will continue to work with Ahpra and
the Medical Board to achieve them.
The AMA will continue to engage with
Ahpra to ensure notification processing
times continue to come down — with
vexatious or frivolous notifications
being identified and dealt with at the
earliest opportunity.
The real challenge is with the health
ministers who oversee the National
Law and direct Ahpra in the work they
do. The AMA continues to advocate for
amendments to the National Law to
improve the treatment of registrants.
If you do receive a notification, it is
important to note there is help available.
The Drs4Drs service is available 24/7,
providing free, safe, supportive and
confidential assistance. If you are struggling
under the weight of an Ahpra notification,
there is no need to suffer in silence.
If you missed the AMA’s webinar with
Matthew Hardy, National Director of
Notifications at Ahpra, you can watch
a replay here: https://www.ama.com.au/
ama-rounds/29-march-2024/articles/revisitweeks-member-only-ahpra-webinar