There has been a noticeable surge in the Australian Health Practitioner Regulation Agency ('AHPRA') making telephone contact with Registered Health Practitioners ('Practitioner') via telephone after a notification (a complaint or submission of a concern) has been received against their registration and 'interviewing' the Practitioner about the notification. This article addresses the dangers of responding to the initial AHPRA inquiry over the phone during the first point of contact.
Practitioners are often caught unaware by these calls and do not know what to do. Sometimes they make statements that are detrimental to their interest and that have severe consequences, such as suspension of their registration.
Making early statements to AHPRA may appear to many Practitioners, to help their cause. This is often far from the truth.
Statements over the phone can be detrimental to you
Making a statement over the phone to AHPRA is often detrimental to your interests in defending yourself against a notification.
It is important to note that AHPRA has the power to, and do record telephone conversations. File notes and transcripts of telephone conversations made at an early juncture in the notification process can be produced and used in determining whether action against your registration is necessary.
It is important that you understand that this is not the only opportunity you will have to provide your response to a notification and share your side of the story. AHPRA will invite you to provide written submissions in respect of a notification as part of the notification and investigation process.
You should never provide any statements to AHPRA over the telephone, or in writing, without first seeking legal advice.
Do you need legal advice?
If you receive written communication or a telephone call from AHPRA in relation to a notification against your registration, it is vital to seek legal advice immediately. You need to understand the notification process, your rights and ensure you protect your interests (notably your registration).
Hall Payne Lawyers are highly skilled in advising and representing people in AHPRA and regulatory complaint processes. We can assist you whether it is related to your employment or even professional registration.
If you need advice or representation in relation to any type of disciplinary matter, including AHPRA matters, you should seek advice as early as possible.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.