The latest report of the National Health Practitioner Ombudsman and Privacy Commissioner, an entity that is independent of the Commonwealth Privacy Commissioner and has attracted little attention (arguably resulting in a low number of complaints),
states
The office of the National Health Practitioner
Ombudsman and Privacy Commissioner is an
independent, statutory agency established under the
Health Practitioner Regulation National Law (the National
Law) as enacted in participating states and territories.
The office provides ombudsman, privacy and freedom
of information services, and has an important role in
promoting public and health practitioner confidence
in the administration of health practitioner regulation. ...
The National Health Practitioner Ombudsman and
Privacy Commissioner was established on 1 July 2010,
to coincide with the introduction of the National Law.
In the past, the office had difficulties with resourcing
and effectively managing its statutory responsibilities.
Following an independent review in early 2014, the
Australian Health Ministers’ Advisory Council appointed
Ms Pauline Ireland as Ombudsman. Ms Ireland employed
a number of staff to manage the complaints backlog
and set up improved complaints handling and financial
management procedures for the office. In 2014, the
Australian Health Ministers’ Advisory Council also agreed
to provide funding of $1.5 million a year to resource the
office, as recommended by the independent review.
When I started my appointment in late 2014, I was
pleased to find that due to the work of Ms Ireland and
staff, the complaints backlog had been significantly
reduced and the office was operating effectively
and efficiently.
In mid May 2015, the office moved to more suitable
accommodation at the premises of the Victorian
Department of Health and Human Services at
50 Lonsdale Street, Melbourne. This co-location will
reduce administration costs as it allows us to use the
Department of Health and Human Services infrastructure,
services and systems on a shared services basis.
Work on the complaints backlog is now complete, with
350 complaints, including a number of older complex
and difficult cases, finalised during 2014–15. ...
Now that the complaints backlog has been finalised,
the office can deal with complaints as they are received
and focus on longer-term priorities. The recruitment of
two suitably qualified and experienced staff members
has now been completed, which will ensure the office
has sufficient expertise to manage its statutory and
administrative requirements now and in the future.
Longer-term priorities for the office include:
• sourcing a complaints management and
reporting system
• updating the office website.
A complaints management and reporting system will
allow us to better manage our workload and provide
accurate monitoring and reporting. It will also enable us
to deal with complaints more effectively and efficiently
and improve complaint-handling timeframes.
Updating and improving our website will provide better
information to stakeholders, including health practitioners
and the public, and make the site more accessible and
user friendly. It will also raise the profile of the office and
our services, particularly outside Victoria.
A key role for the National Health Practitioner
Ombudsman and Privacy Commissioner is promoting
confidence in the national regulatory scheme, particularly
in relation to the administrative actions of the Australian
Health Practitioner Regulation Agency and the 14 national
boards that regulate health professionals. We act as an
independent and impartial third-party reviewer in relation
to complaints about aspects of the national scheme.
We also provide feedback to the Australian Health
Practitioner Regulation Agency and the national boards
about systemic issues identified through complaints
and assist them to improve their processes.
We aim to provide a complaints handling service to
consumers and health practitioners that is independent,
objective, accessible and timely. Many of the complaints
the office receives are of a complex and difficult nature.
This means we need staff who are well qualified and
experienced in investigation and complaints handling.
The office has a relatively narrow jurisdiction, which
focuses on the administrative actions of the Australian
Health Practitioner Regulation Agency and the boards
in respect of their regulation of Australian health
practitioners. Administrative actions include actions
taken by the Australian Health Practitioner Regulation
Agency to assess and investigate notifications under the
National Law, and the way the relevant board makes
decisions on matters raised. We examine whether due
process is followed and if relevant considerations are
taken into account.
As Ombudsman, I have no power to overturn the
decisions of the Australian Health Practitioner Regulation
Agency or a board. However, based on evidence, I can
raise issues with these bodies and make recommendations
for them to consider. The office also has jurisdiction to
investigate complaints about privacy and freedom of
information issues, but these complaints currently form
only a very small portion of our complaint caseload.
The majority of complaints concern the administrative
actions of the Australian Health Practitioner Regulation
Agency and the boards in relation to notifications about
matters such as the health, conduct or performance of
health practitioners. Other issues include complaints by
health practitioners in relation to their registration and
a small number of complaints about privacy issues.
In 2014–15, almost half (47 per cent) the complaints were
lodged by members of the public in relation to the way
their notification about a health practitioner was handled
by the Australian Health Practitioner Regulation Agency
and the boards. Twenty-three per cent were lodged by
health practitioners regarding the way a notification about
them was handled by the Australian Health Practitioner
Regulation Agency and the boards. Twenty-four per cent
of complaints were from health practitioners regarding
problems with their registration.
The office received a total of 75 complaints during
2014–15, which is a significant decline from the
196 complaints received in 2013–14. The decline
in complaints in 2014–15 may be due to:
• improved timeframes and communication with
notifiers and registrants by the Australian Health
Practitioner Regulation Agency
• national boards not making significant changes
to registration requirements during this time
• finalising many older complaints brought to the
Australian Health Practitioner Regulation Agency
for review after the introduction of the National Law
on 1 July 2010.
In addition, we have worked more effectively with the
Australian Health Practitioner Regulation Agency and
the boards to provide feedback about complaints and
to identify process improvements, which may assist in
reducing the number of complaints.
The report explains that
The National Health Practitioner Ombudsman and Privacy
Commissioner is responsible for providing ombudsman,
freedom of information and privacy oversight of the
actions of the national agencies established under the
National Law.
The National Law confers specified jurisdiction on
the National Health Practitioner Ombudsman and
Privacy Commissioner that is derived from the
Ombudsman Act 1976 (Cth) (the Ombudsman Act),
the Privacy Act 1988 (Cth) and the Freedom of
Information Act 1982 (Cth). These Commonwealth
Acts are modified by the National Law Regulation to
make them suitable for the National Registration and
Accreditation Scheme for Health Practitioners (the
national scheme), noting in particular that the Privacy
Act 1988 (Cth) and the Freedom of Information Act
1982 (Cth) both apply as if the amendments made to
these Acts by the Freedom of Information Amendment
(Reform) Act 2010 (Cth) had not taken effect.
For efficiency, the separate Ombudsman and Privacy
Commissioner roles are combined in the single office
of the National Health Practitioner Ombudsman and
Privacy Commissioner.
These arrangements ensure the
accountability, transparency
and responsiveness of the
regulatory system...
These arrangements ensure the accountability, transparency
and responsiveness of the regulatory system administered
by the national agencies for the national scheme, namely:
• the Australian Health Practitioner Regulation Agency
• the national boards (Aboriginal and Torres Strait
Islander Health Practice, Chinese Medicine,
Chiropractic, Dental, Medical, Medical Radiation
Practice, Nursing and Midwifery, Occupational
Therapy, Optometry, Osteopathy, Pharmacy,
Physiotherapy, Podiatry and Psychology)
• the Australian Health Practitioner Regulation Agency’s
Agency Management Committee
• the Australian Health Workforce Advisory Council.
The Australian Health Practitioner Regulation Agency is
the national agency responsible for administering the
national scheme. This includes supporting the national
boards to exercise their functions, which include:
• registering qualified and competent health
practitioners and, if necessary, imposing conditions
on their registration
• developing standards, codes and guidelines
for the 14 registered health professions
• approving accredited programs of study
• overseeing the assessment and investigation of
notifications (complaints) about registered health
practitioners
• establishing panels to conduct hearings about the
performance or health of health practitioners and,
where necessary, referring matters to the responsible
tribunal in a participating jurisdiction.
The 14 national boards are the ultimate decision makers
regarding whether a person is qualified and suitable for
registration as a health practitioner, or whether action
should be taken against a registered health practitioner
following a notification (complaint) about
the practitioner’s professional conduct.
However, some of the boards’ functions are delegated to
the Australian Health Practitioner Regulation Agency,
which is why the National Health Practitioner
Ombudsman and Privacy Commissioner must generally
take into account both the actions of the Australian
Health Practitioner Regulation Agency and the national
boards when considering administrative processes that
are the subject of a complaint.
Notifications (complaints) under the
national scheme
When notifications about matters such as the health,
conduct or performance of a health practitioner are
received, the relevant national board’s role is to assess
the matter to determine whether the health practitioner’s
conduct may warrant some action (such as cautioning
the practitioner, cancelling or suspending their
registration, or imposing conditions on their registration).
To assist the national boards, the Australian Health
Practitioner Regulation Agency makes inquiries and
gathers information to inform the boards’ consideration
of the issues.
The National Health Practitioner Ombudsman and
Privacy Commissioner’s role is to investigate administrative
actions the Australian Health Practitioner Regulation
Agency and the national boards have taken in relation to
a notification. Administrative actions include the actions
the Australian Health Practitioner Regulation Agency takes
to assess and investigate notifications under the National
Law, and how a board makes decisions after considering
a matter. The National Health Practitioner Ombudsman
and Privacy Commissioner examines whether the
Australian Health Practitioner Regulation Agency and the
board followed due process and took account of relevant
considerations. We do not have the power to overturn
decisions of the Australian Health Practitioner Regulation
Agency or the national boards. However, based on
evidence we can raise issues with these agencies and
make recommendations for them to consider.
The National Law does not give the National Health
Practitioner Ombudsman and Privacy Commissioner,
the Australian Health Practitioner Regulation Agency
or the national boards the ability to determine whether
compensation should be paid to individuals. ...
The National Health Practitioner Ombudsman and Privacy
Commissioner cannot:
- change the outcome of an administrative action or
decision taken by the Australian Health Practitioner
Regulation Agency or a national board
- force the Australian Health Practitioner Regulation
Agency or a national board to review or change a
decision
- provide legal advice or act as an advocate for anyone
aggrieved by a decision or action taken by the
Australian Health Practitioner Regulation Agency
or a national board
- recommend that the Australian Health Practitioner
Regulation Agency or a national board pay
compensation
- force the Australian Health Practitioner Regulation
Agency or a national board to release a document
determined to be exempt under the Freedom of
Information Act
- recommend that the Australian Health Practitioner
Regulation Agency or a national board take an action
that is not available to it under the National Law.
