Since having the AHReform petition initiated in August 2018, we are seeing some positive steps taken by AHPRA and the Medical Board to reform their practices.

We welcome the action by AHPRA CEO Mr Martin Fletcher when he wrote a column in Medical Observer on 23 August 2018, pledging to fast-track investigation to achieve quicker outcomes for all notifications; to provide informative regular updates; and to build a more humane regulatory system.

We also noted the resignation of Dr Joanna Flynn, the former Chair of the Medical Board of Australia and we wish her well.  A leadership-change for the Medical Board could augur well for a new era in our medical regulatory system as we look forward to a more positive, engaging and caring leadership in the Medical Board.

While waiting for the ministerial announcement of the new Chairperson to head the Medical Board, AHReform wishes to extent our goodwill and best wishes to the Medical Board as we hope to work together to serve the people of Australia.

On another front, we heard about the good news regarding Dr Gary Fettke. After nearly five years of going through AHPRA’s gruesome investigation and punitive actions, Dr Gary Fettke was finally cleared of any charges and determinations by AHPRA. For those who have not heard of Dr Fettke, he is a caring orthopaedic surgeon who tried to help his patients with diabetes and obesity to improve on their diet but was wrongfully banned by the Medical Board from giving dietary advice to his patients!

According to #isupportgary blog: “Not only has Gary has been a victim of bullying and harassment in the workplace, punished for raising concerns about Quality Assurance and Patient Safety in regards to menus sugary drinks and junk food in hospitals and unfairly targeted for 'Active Defence' by the Cereal Industry (via the Dietitians Association of Australia), but his recommendations around Low Carbohydrate Healthy Fat principles have been ridiculed and 'claimed to be dangerous' by Associations and Regulatory Bodies with ties to the Food and Pharmaceutical Industries!”

Reading the article in #isupportgary, one cannot help but get the perception that a dietary institution and commercial interests were being involved. What is appalling is the lengthy rigmarole Dr Fettke had to go through with AHPRA and the Medical Board.

AHReform welcomed the formal apology Dr Fettke received from the Medical Board, citing:

"I [Medical Board representative] would like to take this opportunity to apologise for the errors that were made when dealing with this notification. We recognise that these errors are likely to have compounded any distress that you experienced as a result of being the subject of this investigation...no significant risks to public safety have been identified that require a regulatory response under the National Law. In the case of each of the three issues considered, there is no evidence of any actual harm and nor does the Board discern any particular risk to public health and safety moving forward. For these reasons, the Board has decided to take no further regulatory action." 

This is the second prominent case for this year, where AHPRA, and/or its designated arms, has wholly retracted and scurried away after overturning its previous flawed decision. The first being the case where Dr Sivathasan successfully took legal action to defend his reputation and to demonstrate international best-practice as supported by 23 renowned doctors from 9 countries.

Whilst these are some positive step taken by AHPRA and the Medical Board, AHRefom believes that far more needs to be done urgently for the innumerable other good health practitioners who are being wrongfully accused, mistreated and punished at the hands of the Medical Board.

AHReform wishes to bring greater public awareness to these unjust and shameful events in the medical profession, which ultimately hurt innocent practitioners and patients alike.  With mental harm and suicide rates amongst healthcare practitioners on the rapid increase, this is particularly important as we commemorate World Mental Health Day on 10 October 2018.

AHReform is very concerned that vexatious complaints can so easily filter through the complaint system without checks that a prima facie case exists for further investigations.  Consequently, such cases have triggered unnecessary mental stress on the accused compounded by a slow torturous path to the truth and acquittal. It would also appear that in many of these cases, the failure to provide natural justice to the accused is notable.

From what AHReform has observed, vexatious complaints and bullying practices are rife and more efforts must be put in place to ensure the complaints from unscrupulous individuals be properly screened.  As a deterrence, people who make vexatious allegations should be held accountable by law for their deceit. 

To further our Mission, AHReform would bring such vexatious cases to the attention of the general public to prevent future unjust and shameful events in the medical profession as well as transparency in the decision making process of AHPRA and the Medical Board.

AHReform plans to present the facts of these cases of possible wrongful actions by AHPRA to the Hon Greg Hunt, the Health Minister and the Australian Senate with the hope for a cultural change in the complaint system. If this is not enough to bring about positive change, AHReform will urge the government to call for a royal commission into the misconduct by the medical regulatory bodies.

If you would like to share your case with AHReform, or to join us, please email to australianhealthreformgroup@gmail.com

Again, we would like to express our heartfelt appreciation to all of you who have supported AHReform in this petition. Thank you for your ongoing support.

Our mission is to work collaboratively with AHPRA and the Medical Board to deliver the best standard of care for the health consumers and to provide a safe and unintimidating environment for our medical practitioners and allied health professionals.

We also wish to acknowledge the concerted effort made by organisations like AMA, HPARA, specialty colleges, MDOs and, of course, to truth-seeking journalists from various media outlets. In particular, we thank Drs Steel Scott, Don Kane, Leong Ng, Gary Fettke, Charlie Teo, Dom Greco, who have fought tirelessly to address bullying and to highlight the improper and self-determined regulatory actions which are harming our noble profession and the healthcare service which all Australians deserve.

In particular, we wish to thank and acknowledge the work of the Health Professionals Australia Reform Association (HPARA) in their open letter to the Federal Health Minister the Hon Greg Hunt and their Media Release on 10 Oct 2018, which address the core issues raised about vexatious complaints, reforms and suicide prevention among health practitioners.  We look forward to work closely with them in the future.

Dr Anthony Pun, OAM

President