Nothing is more upsetting for a medical professional than receiving a complaint about them from AHPRA or another health agency. Your career may be seriously impacted by the consequences.

If you are the target of a complaint or are having problems with your registration, you need to have faith that the solicitor who is defending you is aware of both the complexities of your industry and the potential effects these complaints or registration issues may have on you personally.

Whilst some states have their own medical council, such as New South Wales which has the Medical Council of New South Wales, AHPRA is a nationwide regulating body that governs health practitioners. The Health Practitioner Regulation National Law governs their powers in all jurisdictions, ranging from what they can compel people to do and, perhaps more excitingly, as per listed under s 178, what actions they can take in relation to health practitioners and student. In practice, AHPRA can investigate people, under s 132, on any state based law, whether it is for mandates, criminal liability or, essentially, anything, then investigate it and enforce it empowered by their national legislation.

The powers of AHPRA and related bodies are confined by the legislation which establishes them. While there are limits on these powers by reason of the content of the relevant legislation, and health practitioners are provided procedural fairness and opportunities to seek review of decisions, AHPRA and related bodies obviously have broad ranging powers to, in the case of AHPRA, ensure, “the protection of the health and safety of the public�? and this is the “paramount consideration�? (s 3A).

Complaints to AHPRA frequently coincide with employer action and may not only damage your registration, but they can potentially trigger a criminal investigation in certain situations. It is crucial to obtain guidance as soon as you can to make sure your interests are safeguarded and to prevent unfavourable outcomes that could harm your career.

Banga Legal have a wide range of expertise in employment law, health disciplinary legislation, and managing the diverse needs of health practitioners. Banga Legal have represented many health professionals in matters ranging from notifications to AHPRA, registration or renewal concerns, and defending professionals in Courts and Tribunals against allegations of professional misconduct. In this field of law, our staff has achieved unmatched success. We have dealt with cases stemming from, the central medical field as well as those unique to allied health professionals and alternative AHPRA regulated practitioners.

Our multidisciplinary team has a strong foundation and track record of successfully defending and helping medical professionals. We also have expertise and ongoing working relationships with other medical insurers and medical defence organisations. We represent general practitioners, nurses, hospitals, hospital service providers, divisions of general practise, and pathology businesses. We can provide support and guidance through the entire process, through risk assessment, review and drafting and if required, advocacy.

We understand that guild lawyers assigned to medical professionals through insurance can lack passion in defending your matter, that’s why we are independent and work harder to achieve the best outcome in your favour. In our previous matters, we have assisted medical professionals in matters against them relating to:

Vaccination;
Registration;
Renewal of Registration;
Professional Misconduct;
Unsatisfactory Professional Conduct Relating to Sexual Assault;
Free Speech;
Medical Negligence;
Sexual Exploitation;
Privacy Breach;
Breach of Professional Boundaries; and
Breach of Duty of Care.

o read more, visit our AHPRA – Powers, Limitations and Review article.

language support

For those needing language support, we are able to manage your Family law matter in Punjabi, Hindi, Urdu and Greek. For more information on family law please do not hesitate to contact us.