Safeguarding confidentiality review

About the review

In late 2018 the Australian Health Practitioner Regulation Agency (Ahpra) requested that the Ombudsman and Commissioner conduct an independent review of the confidentiality safeguards for people making notifications about registered health practitioners.

The request was made after the conviction of South Australian general practitioner Dr Brian Holder for the attempted murder of pharmacist Kelly Akehurst. Ms Akehurst had made a notification to Ahpra about Dr Holder’s prescribing practices and it is thought that the notification was the motive for the crime.

While acts of violence against notifiers are rare, this experience threw a necessary spotlight on whether Ahpra’s handling of notifications adequately safeguards the confidentiality of notifiers.

The Ombudsman and Commissioner’s review found that Ahpra’s current approach offers reasonable safeguards for notifiers.

The Ombudsman and Commissioner concluded that it is preferable for Ahpra to share with the relevant practitioner all information it holds about a notification, including the identity of the notifier (if known). This means the practitioner is given the best opportunity to understand the notification and to respond, in detail, to the allegations that have been made. It also simplifies the way Ahpra manages notifications.

The Ombudsman and Commissioner also concluded that Ahpra’s current process of accepting confidential and anonymous notifications serves an important purpose. It is clearly in the public interest for Ahpra to be made aware of concerns about registered health practitioners, regardless of the source of those concerns or whether any additional steps need to be taken to keep the notifier’s identity confidential.

However, the Ombudsman and Commissioner identified that improvements could be made to the handling of notifications to better safeguard the confidentiality of notifiers.