Justice delayed is justice denied, the medical indemnifier said.
AHPRA investigations should be kept to a firm 12-month timeline, medical indemnity firm Avant Mutual has told the health ombudsman.
The National Health Practitioner Ombudsman is currently conducting an own-motion investigation into delay and procedural safeguards who are subject to immediate action from AHPRA.
Of the 16 registered health professions, doctors are by far the most likely to be on the receiving end of immediate action, wherein their registration is restricted or suspended pending an investigation.
According to the regulator’s 2024 annual report, doctors accounted for 419 out of 808 total cases of immediate action.
AHPRA’s webpage on immediate action does not specify how long the investigation and finalisation process may take.
National laws governing the regulator simply require investigations to be conducted “as quickly as practicable”.
In its submission to the NHPO investigation Avant put its conservative estimate for the whole process at two years, minimum.
The indemnifier noted that in at least one case it was aware of, the investigation has now gone on for eight years.
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“During this time, a practitioner can have their medical career on hold, or be subject to restrictive conditions, even before the matter has been investigated by AHPRA or considered by a Tribunal,” Avant’s submission read.
“Practitioners’ career prospects can be jeopardised and they can experience severe deterioration in their mental health during this time.”
At least 16 Australian healthcare professionals have died by suicide either during an AHPRA investigation or immediately following.
The indemnifier’s proposed fix is a legislative requirement that investigations following cases of immediate action be completed and determined within 12 months.
It also recommended that AHPRA and the national boards be required to publicly report on timeframe compliance and undertake mandatory three-monthly reviews of any immediate action that has been taken to ensure the decisions remain necessary and appropriate.
“The lengthy timeframes to complete investigations and resolve [immediate action] matters after [immediate action] is taken is unfair to health practitioners,” Avant said.
“The phrase ‘justice delayed is justice denied’ rings true in many [immediate action] cases.
“When [immediate action] is taken to protect the public on the basis of limited evidence and investigation, procedural fairness dictates that prompt action should follow to properly investigate and determine the substantive issues in dispute.”
The insurer also pointed out that there are no consequences for AHPRA and the national boards when investigations drag out.
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