AHPRA Is Investigating Me
Receiving notice that AHPRA or the Office of the Health Ombudsman is investigating you is confronting. A notification can be lodged by anyone -a patient, a colleague, an employer or even a member of the public -and the process that follows can affect your registration, your livelihood and your reputation. How you respond in the early stages has a significant bearing on the outcome.
What You Need To Know
In Queensland, the Office of the Health Ombudsman (OHO) is the primary complaints body and decides whether to deal with a matter itself, refer it to AHPRA or take no further action.
AHPRA and the relevant National Board can take immediate action -including suspending your registration -if they consider there is a serious risk to the public. This can happen before any investigation is complete.
You are generally required to respond to requests for information from AHPRA or OHO. Failing to cooperate can itself be treated as a ground for disciplinary action.
Not every notification results in formal proceedings. Many are resolved with no further action, or with conditions or undertakings agreed between you and the Board.
If the matter proceeds to a tribunal (QCAT in Queensland, or the relevant state tribunal elsewhere), the hearing is generally open to the public and the outcome is published.
You have the right to legal representation at every stage of the process, including when responding to the initial notification.
What To Do Right Now
Read the notification carefully
Identify exactly what is being alleged, who made the complaint, which body is handling it (AHPRA, the National Board or OHO) and what you are being asked to provide. Note any deadlines.
Do not contact the complainant
It may be tempting to try to resolve the matter directly, but contacting the complainant during an investigation can be seen as an attempt to influence the process and may make your position worse.
Do not discuss the matter with colleagues
Conversations with colleagues about the notification are not privileged. Anything you say can be used in the investigation. Speak only with your lawyer.
Gather your clinical records
Collect the relevant patient records, clinical notes, referral letters and any internal policies or procedures that applied at the time. Ensure you have a complete picture before responding.
Get legal advice before you respond
Your written response to the notification is the single most important document in the process. It sets the frame for everything that follows. It should be prepared with legal advice.
How We Can Help
We represent health practitioners through every stage of the regulatory process -from the initial notification through to QCAT proceedings if they become necessary. We prepare responses to AHPRA and OHO, negotiate conditions and undertakings with National Boards and appear in disciplinary hearings. We understand the distinction between professional misconduct, unsatisfactory professional conduct and impairment and we frame responses accordingly.
Respond within the deadline stated in your notification -extensions are not guaranteed.
Don't wait until your options narrow.
We can usually assess your position within a single consultation. Call us or send an enquiry and we will get back to you promptly.