Answers to Questions

SafeWork SA

In reply to the Hon. C. BONAROS (16 November 2021).

The Hon. R.I. LUCAS (Treasurer): I have been advised:

SafeWork SA has completed an investigation of a complaint lodged by the widow of Dr Yap against the Australian Health Practitioner Agency (AHPRA).

SafeWork SA has advised that AHPRA's duty of care to health practitioners and other persons under the Work Health and Safety Act 2012 (SA) (WHS Act) is essentially confined to reasonably practicable measures which would minimise risks to health and safety where these measures would not materially impact the capacity of AHPRA to fully and properly investigate matters.

In assessing this matter, SafeWork SA has considered AHPRA's duty under section 19(2) of the WHS Act, not only the interests of health practitioners who are the subject of AHPRA's investigatory processes but also to complainants and patients who are connected to the conduct under investigation.

The Health Practitioner Regulation National Law (SA) Act 2010 is the legislative basis for AHPRA's investigations. In fulfilling AHPRA's investigatory and disciplinary functions, it is not reasonably practicable to expect AHPRA to take (or not take) certain investigatory actions (either at all or in a certain way) on account of these actions exposing a health practitioner to a risk of psychological harm.

SafeWork SA acknowledges a person can be exposed to psychological stressors when the subject of an investigative process and in particular, when the outcome of the investigative process results in disciplinary actions. Where a health practitioner disagrees with the investigatory and disciplinary decisions of AHPRA, there are a range of avenues of review. With regard to AHPRA's investigative process and the sanctions imposed on Dr Yap, the National Health Practitioner Ombudsman and Privacy Commissioner have the power to consider and investigate how AHPRA has handled a matter, that is, was the matter handled fairly and reasonably and in line with the relevant law and applicable policies and procedures.