Systemic issue: delay in the notification process

We regularly receive concerns about delay in Ahpra’s management of notifications. We have found that delays, and the commonly associated lack of communication about how a notification is being progressed, can cause frustration and often distress for those involved in the notification.

Across the 309 notification related complaints received in 2021–22, we recorded 110 issues about delays (22 per cent of the 510 issues recorded on notification-related complaints). Issues were mostly recorded in relation to active notifications (60; 55 per cent of all notification-related delay issues), notifications that had been finalised where the Board had decided to take no further action (19; 17 per cent) and notifications where immediate action had been taken against the practitioner (14; 13 per cent of all notifications-related delay issues).

Delays in investigations following immediate action

In 2021–22 our office closely monitored Ahpra’s delays in investigating notifications where the relevant Board had taken immediate action in relation to the practitioner. Our routine complaint handling reviews had alerted us to an increased number of issues raised by practitioners who had had immediate action taken against them.

We recorded 45 issues related to immediate action being taken compared with 24 issues in 2020–21. We found the increase concerning because immediate action is taken relatively infrequently by the Boards and can have significant impacts on the relevant practitioner’s ability to work. Practitioners who have been suspended, or had significant conditions placed on their registration, often raise concerns with us about their financial and mental wellbeing. Fourteen of the recorded issues about immediate action being taken related to delays in 2021–22 compared with 10 issues in 2020–21. Unnecessary or avoidable delays in managing these notifications is particularly problematic because it exacerbates practitioners’ concerns and prolongs their experience with the regulator.

Our consideration of the matters received in 2021–22 generally supported health practitioner concerns that there had been unreasonable delays in Ahpra’s management of the notification made about them. During the pandemic, it appeared that one of the biggest barriers to promptly completing investigations of these notifications was high caseloads among Ahpra staff. We found that other causes of delay appeared to be:

• staff changes and delays in reallocating matters
• seeking and awaiting information from external organisations such as police or other bodies
• seeking and awaiting input from internal or external service providers such as independent
• opinion providers or legal advisors.

As the following case studies demonstrate, in 2021–22 our office reiterated the Ombudsman’s view that where immediate action has been taken, investigations should be finalised as promptly as possible. Individual outcomes we achieved included Ahpra prioritising the progression of the investigation, clarifying the next steps for the health practitioner and apologising to the practitioner for the delay.

At the system level we continue to monitor this issue closely and discussed our concerns with Ahpra. In 2021–22 Ahpra had advised that it is undertaking several activities to address concerns about delays including establishing a support team to assist with finalising older matters.

We continue to monitor progress in this area, including whether we need to take further action to address these delays.