Health Practitioners

Health Practitioners

Health practitioners, including doctors, dentists, pharmacists, nurses and allied health professionals have unique legal requirements including:

  • disciplinary issues with the Office of the Health Ombudsman;
  • registration and complaint issues with APHRA;
  • Professional Service Review processes under Part VAA of the Health Insurance Act 1973 (HIA) for Medicare benefits, dental benefits and benefits paid under the Pharmaceutical Benefits Scheme (PBS);
  • notifying AHPRA if charged with a criminal offence;
  • responding to disciplinary investigations as part of their employment, for example by a Hospital Health Service;
  • requests to give evidence in coronial inquests.

Health practitioners may also require assistance in matters such as:

  • review of the fine print of an employment offer or contractor agreement, particularly for:
    • post-agreement restraints that may curtail the professional activities the professional can undertake after the agreement has ended;
    • calculation of remuneration and the contribution to expenses as a component of the calculation;
  • dealing with disciplinary allegations in the workplace;
  • workplace harassment or unlawful discrimination;
  • compliance with modern awards and other workplace law.

Health practitioners need to fully understand their rights and obligations before responding to their employer or an investigating authority.  A health practitioner needs to know:  

  • Is there an obligation to cooperate?
  • If so, how far does the obligation extend?
  • When is representation is permitted and what can a representative do to protect the health professional’s interests?

An unguarded statement by a health professional may be later relied upon in decisions to commence a prosecution or other action against a health professional.  It is essential to take advice before making a statement to minimise the risk of further action being taken.  

Click here for case studies and more information about assistance for health care workers.

Contact WorkLegal today.  We can help, wherever you work.

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Based in Gold Coast Queensland, we assist our valued clients wherever they are in Australia.