AHPRA National Law objectives

• To provide for the protection of the public by ensuring that only health practitioners who are suitably trained and qualified to practice in a competent and ethical manner are registered.
• To impose restrictions on the practice of a health professional only if it is necessary to ensure health services are provided safely and are of appropriate quality.

Examples of complaints or concerns that AHPRA can consider

• A practitioner who is working or providing patient care in an unsafe way, such as:
• making serious or repeated mistakes when carrying out procedures, in diagnosis or in prescribing,
• failing to examine a patient properly or not responding reasonably to a patient’s needs, 
• serious concerns about the way in which a practitioner has managed someone’s personal information, their ability to understand and communicate effectively or that practitioner’s skills, knowledge or judgement in their profession.

Concerns regarding a practitioner’s behaviour including:

• abusing their professional position eg sexual relationship with a patient
• inappropriate examinations of a patient 
• acts of violence, sexual assault or indecency 
• acts of fraud or dishonesty 
• any serious criminal acts
• any behaviour that is inconsistent with the practitioner being fit and proper to be a registered health practitioner
• concerns that a practitioner has a health issue or impairment that might cause harm to a member of the public such as an alcohol or drug problem.

National Boards will take action to protect the public if it finds that a health practitioner’s:

• behaviour is placing the public at risk
• practise of their profession is unsafe, and/or
• ability to make safe judgements or to provide care safely might be impaired

If a National Board believes that it needs to take action to make sure the public is safe, it can:

• take immediate action  
• caution a practitioner
• impose conditions or accept an undertaking 
• refer a practitioner to a hearing by a panel  
• refer a practitioner to an independent tribunal, that has the power to reprimand, fine, suspend or cancel a practitioner’s registration.

Your obligations

Your rights

• Entitled to assistance from MIPS
• Legal advice is not always necessary - the issues may only be clinical and not of a serious natur
• There is a right of appeal to AHPRA –  MIPS to assess prospects of success before consenting to legal assistance

MIPS policy requirements

General insurance duty of disclosure and policy requirement – this includes AHPRA’s complaints/investigations

• 5. When you have to notify us 
  • 5.1 You must notify us at the time you first become aware of: 
  • 5.1.1 any claim made against you; 
  • 5.1.2 any investigation or proceeding against you which occurs in the course of, or in connection with, your provision of healthcare; 
  • 5.1.3 any incident that may give rise to a claim against you

How to create a solid defence

• Promptly notify MIPS of any adverse or unexpected outcome, complaint, claim or investigation.
• Records are your primary concern. They need to be sufficiently detailed and contain consent information.
• The level of healthcare you provide needs to be in line with the usual professional standards, procedures and protocols of healthcare as required by your craft group, your College and/or the Medical Board.
• Keep up to date with contemporary practices.

Key messages

• Competent practitioners are not immune from complaints
• Managing the complaint affects the outcome
• You may react negatively to complaints, but remain professional
• Always maintain professional and appropriate behaviour
• Treat AHPRA’s regulations seriously, act professionally and promptly as they can restrict or remove your ability to practice
• Familiarise yourself with all aspects of the dental and medical boards codes of conduct
• You may also have self-doubts – that’s why contacting MIPS and talking to an adviser (or solicitor) can provide reassurance & instigate the right action.