Hi everyone! Long time no see.
A lot has happened since the last time I updated here. Specifically:
– I spoke out on the ABC on 730 about some (but definitely not all!) of my concerns about AHPRA;
– My case was moved to Melbourne;
– AHPRA has repeatedly attempted to stop me from assisting health practitioners who it has in its sights, but has declined to give any specifics to its concerns other than the fact that I had access to information about practitioners;
– AHPRA disclosed some or all of my employee file, including personal health information, to the Nursing & Midwifery Board of Australia, despite having previously represented to me in writing that the information would be “strictly confidential” between me and AHPRA, to attempt to assist the NMBA to prevent me from acting;
– AHPRA and the NMBA alleged that I had breached s216 of the National Law (which is a criminal offence), although it could not explain how I had apparently breached it, and also could not explain how I could breach it when s216(2)(e) of the National Law provides that it cannot be an offence if the practitioner in question consents to the disclosure. The NMBA has since backed off on this allegation;
– AHPRA sent me a letter at 6:00pm last night (e.g. after business hours on a Friday night) stating that it had referred me to the SA Legal Profession Conduct Commissioner. Again, it declined to provide any specificity to its allegations or concerns.
The above has occurred despite my repeated confirmation to AHPRA that I have not breached s216 of the National Law, and that I have not breached my employment contract.
As anyone who knows me will be well aware, I take my ethical obligations incredibly seriously, and everything I do is in an attempt to be honest, ethical, and morally upright. I have reflected considerably and have obtained advice from counsel and other solicitors, all of whom have confirmed that they do not consider that I have breached any ethical obligations.
As you’ll recall, AHPRA previously:
– threatened me with an injunction immediately before Christmas Eve, when it knew it had absolutely no grounds for that injunction, and where it did not take its threats any further; and
– unlawfully purported to state what had happened at mediation, despite that being a breach of the Federal Circuit Court Act (and professional obligations).
Given the above, it is difficult to come to any conclusion other than there is a concerted attempt by AHPRA to attempt to prevent me from assisting health practitioners, including to prevent me from earning a living as a solicitor.
As a result, I may now be fighting on an additional front, with respect to my professional ethics. Wish me luck!
To Fund David go to: https://www.gofundme.com/f/help-with-legal-fees-for-ahpra-fight/donate
David Gardner