Receiving a notification from the Australian Health Practitioner Regulation Agency (AHPRA) can be a stressful experience for any health practitioner.

A notification from AHPRA might inform you about a concern that has been raised about your conduct in relation to patients, your professional conduct or interactions with other practitioners, your clinical performance, or a health impairment that may affect your ability to practise safely and may present a risk to the public.

It is natural to want to respond immediately and explain what happened. However, the initial response can have an important impact on how a matter progresses.

While every notification is different, there are some common mistakes practitioners should avoid.

Mistake 1: Responding too quickly

Many practitioners feel compelled to respond as soon as they receive a notification from AHPRA. Before doing so, it is important to understand exactly what concerns have been raised and what information AHPRA is seeking.

Taking the time to review the notification and carefully consider any response will often lead to a more effective outcome than reacting immediately. You can often seek an extension to provide a response to the notification.

Mistake 2: Providing more information than necessary

One of the most common misconceptions is that a practitioner should address every aspect of a complaint in extensive detail.

In our experience, an overly detailed response can sometimes distract from the key issues that the regulator is seeking to understand. A response is generally most effective when it is clear, structured and focused on the concerns identified in the notification.

The objective is to assist the regulator in understanding the relevant circumstances, not necessarily to provide a complete history of every aspect of the practitioner’s practice.

Mistake 3: Failing to address the actual concerns

Practitioners can sometimes focus on issues that are not central to the notification while overlooking the matters that concern the regulator most.

Before preparing a response, it is important to identify the specific concerns raised and ensure those concerns are addressed directly. A focused response is often more helpful than a broad defence of a practitioner’s overall professional conduct or reputation.

Mistake 4: Altering or supplementing records

Practitioners should not alter, amend or rewrite existing records after becoming aware of a notification. Even where changes are made with good intentions, questions may arise regarding the integrity of the records.

If additional information needs to be provided, it is generally preferable to do so separately and transparently.

Mistake 5: Treating the matter as a personal dispute

Receiving a complaint can feel personal, particularly where a practitioner believes the allegations are inaccurate or unfair.

However, the notification process is primarily concerned with assessing risk, protecting the public and maintaining professional standards.

Responses are generally most effective when they focus on the issues relevant to the regulator’s assessment rather than the practitioner’s disagreement with the complaint itself.

How PGC Legal can assist

At PGC Legal, we assist health practitioners to respond confidently and effectively to regulatory notifications. We work with practitioners to identify the issues in dispute, prepare clear and focused responses, avoid common pitfalls and navigate the investigation process with confidence.

Early advice can help practitioners understand the process, address the concerns raised and avoid unnecessary complications. If you have received an AHPRA notification or are involved in a regulatory investigation, please contact Brenton Priestley, Partner, Sinisa Popovic, Special Counsel or Marius Redelinghuys, Solicitor for more information.

This information is general in nature and does not constitute legal advice.