“I believe AHPRA is confusing the public and making my husband look like he is lying!”
The Australian Health Practitioners Regulatory Authority are under scrutiny at present by a Senate Inquiry that is looking into bullying, harassment and procedural fairness by AHPRA?
Gary has had a Caution placed on him to NOT provide nutritional advice to his patients or the public forever, even if the same advice is recommended by peak bodies.
Cautions are lifelong restrictions on health care professionals that are non appellable (their word not mine).
They have stated that in writing to Gary on numerous occasions.
AHPRA and the National Health Ombudsman have also confirmed that Cautions are non appellable by National AHPRA Law through this current Senate Inquiry.
There is no appeal process in place, but…
AHPRA have contradicted their own policy twice in the last few weeks.
We are receiving legal advice on that document as there is no obligation for Gary to respond to AHPRA on this issue. Nonetheless, Gary is planning to reply publicly to the assertions raised in that media release. He will do that in an open manner over the coming weeks after the Senate Inquiry has heard evidence from the AHPRA Chief Executive Officer this coming Tuesday.
There have been 23 media releases this year by AHPRA. This is the only one that names a practicing health practitioner. Seven other releases reveal names of non-practicing individuals. The rest were administrative. Gary has been singled out in an extraordinary manner by the National regulator.
AHPRA have obviously been feeling the pressure from the ‘Wisdom of the Crowds’ – questioning the same concerns that we have for ‘natural justice’.
Here are the 2 statements from AHPRA that declare there is an appeal process available to Gary, when there isn’t.
1) The AHPRA media release dated 16 November 20, 2016 stated: “Any medical practitioner can appeal a decision made by the board to the Supreme Court for judicial review if they believe there are grounds to do so.”
2) AHPRA, in their written submission to the Senate Inquiry, dated 25 October, 2016 stated:
“Importantly, the National Law also provides for the practitioner who is the subject of a notification to be afforded procedural fairness, including providing show cause provisions and an appeals process to an external, independent tribunal.”
How is it that AHPRA can tell Gary and the Senate Inquiry on November 1 that cautions are non appellable?
For Gary, the media release from AHPRA has painted him as ‘lying’ about the non appellable ruling.
Why is AHPRA trying to discredit Gary so publicly?
Why would they do that?
Who has more to hide?
Gary will be responding publicly to the allegations in the media release over the coming weeks after AHPRA responds to the Senate Inquiry this week. He will take those public allegations apart in a very transparent manner.
Gary has been backed into a corner and is just standing his ground, not just for himself, but for all health practitioners that have been ‘done over’ by the process.
Gary has nothing to hide.
http://www.aph.gov.au/…/Com…/MedicalComplaints45/Submissions Submission 21, page 8