How the Commission works with Ahpra

Two pieces of legislation govern the relationship between the Commission and the Australian Health Practitioner Regulation Agency (Ahpra): the Health and Community Services Complaints Act 1998 (NT) (the Act) and the Health Practitioner Regulation National Law Act 2009 (National Law). The Act requires that the Commissioner notify the National Board whenever a complaint about a service provider who is registered with a National Board is received. The National Law states that whenever a National Board receives a notification about a provider who is registered with a National Board, and where the subject of the complaint falls within the Commissioner’s jurisdiction, the National Board is required to notify the Commissioner as soon as practicable after the notification is received. Both Acts require that the Commissioner and the National Board consult regarding how the complaint will be managed.

In practice, this requires regular consultation between the Commission’s Deputy Commissioner and the Operations Manager, Notifications at Ahpra. A joint decision is made regarding the agency best suited to manage complaints and notifications about registered providers.

Consultation between Ahpra and the Commission can result in the following outcomes:

1. The complaint received by the Commission:
   • Is referred to Ahpra.
   • Is retained by the Commission. This is in effect a decision by the relevant Board to take no further action.
   • Is split, with some aspects referred to Ahpra and some aspects retained by the Commission.
2. The notification received by Ahpra (except notifications to the Psychology Board of Australia):
   • Is referred to the Commission.
   • Is retained by Ahpra for the National Board.
   • Is split, with some aspects retained by Ahpra and some aspects referred to the Commission.

The decision made is not an outcome; it is a decision regarding whether the Commission or the National Board is best suited to manage the complaint or notification. Factors considered when making these decisions include the seriousness of the complaint and any possible risk issues; whether the complaint or notification might be better resolved informally or more formally at conciliation; the outcomes being sought by the complainant; and whether the issues raised by the complaint or notification appear on their face to relate to systems rather than individual practice.

More information about Ahpra can be found here.

More information about how consultation with Ahpra fits into our complaints process can be found here.