HPARA is pleased that the Australian Senate have instigated investigations into bullying and complaints, then into the law that governs the National regulator – AHPRA.
However, the recent report inappropriately falls short of recommending urgently needed change and compensation for the harm caused by a system that has been found repeatedly to lack transparency and accountability. AHPRA has again being shown to be poor and inefficient at managing conflict of interest, but nothing is legislated to force change. Those subjected to a campaign of orchestrated vilification facilitated by AHPRA will not receive justice.
Despite 14 recommendations being made there is scant reference to giving Health Practitioners dealing with AHPRA the right to due process, natural justice principles, and a guaranteed right of appeal. Matters have either been referred back to the regulator to make change, despite a number of investigations urging change with little evidence of the necessary culture and process change, with vexatious claims known to continue to occur and be poorly managed.
There is nothing in the report to reassure health practitioners or the public that complaints will be managed in an inquisitorial manner: nothing to insist on conflict of interest management being robust, and nothing to ensure that medical truth will be sort in a CARING manner.
The recommendations not refer back to AHPRA, have been referred as recommendations to CONSIDER to COAG, which does not give comfort to those whose complaints have not been heard, or those who have been subjected to vilification both via and by the National Regulator.
In Health Regulation, AHPRA remains the police, investigator, judge and jury. AHPRA’s lack of transparency and accountability remains unaltered. After a succession of enquiries, over the last nine years, that have all outlined deficiencies and failures of AHPRA this last enquiry leaves us still waiting for any real and genuine reform. AHPRA will remain increasingly expensive, unaccountable and under the unchanging stewardship, since its inception in 2007.
Harm to health workers continues to occur and, while the enquiry did acknowledge the harm caused, the loss of employment and income for some, and the tragic loss of life through suicide, no real change is demanded or proposed.
Patients deserve safe well-regulated care; caring professionals seem to being denied immediate access to respect and care.
Vexatious complainants and those who have allowed themselves to participate in health regulation when there has been a conflict of interest should be sanctioned. Those affected by vexatious complaints should be compensated as a matter of urgency to fast forward culture change in health regulation. AHPRA could be instructed that there will be a review of all matters considered to be vexatious – immediately, by an independent auditor.
The failure of concrete and decisive actions resulting from the latest Senate Inquiry further communicates to AHPRA’s management that it can continue to act in a manner that is beyond accountability. Rather than restoring faith for practitioners and consumers in the medical complaints process this current round of weak recommendations will in fact embolden those currently in power. Website: www.hpara.org.au