Collection statement for Notification (complaint)

This collection statement sets out how we collect, hold, use and disclose personal information to carry out functions required by law.

How we collect personal information

When you complete this form and send it to us, we collect personal information contained in the form and save it on our internal systems. This may include information you have identified in relation to third parties.

Personal information means information and/or opinion about an identified individual (or an individual who is reasonably identifiable).

If you do not provide us with your personal information, there may be some limitations to progressing the information you have provided (refer here for more information).

Why we collect personal information

The personal information you provide in the form:

• helps us decide whether we need to progress the concerns you have raised about the practitioner and if we need to take any action to prevent future risks;
• may be needed under the National Law to investigate a matter and take further action;
• may be used to contact you for further information and to give you regular updates on the progress of your concerns;
• may be disclosed to other parties involved in the notifications process (including the registered health practitioner, the practitioner’s legal representative and insurer, and a panel and/or tribunal when making a decision about the notification); and
• may otherwise be used for purposes that are reasonably necessary for us to conduct our normal functions and activities.

Circumstances where we may or must disclose personal information

We are subject to a number of laws regulating how we use and disclose the personal information we collect. This includes rules prohibiting unauthorised disclosure of information pursuant to the National Law and the Privacy Act 1988 (Cth). The circumstances in which we may or must disclose information may relate to the performance of our regulatory functions under the National Law or where the disclosure is authorised or required by a law.

By providing your personal information in this form, you acknowledge that the primary purpose of the collection is to assist in the performance of occupational regulatory functions under the National Law. In the performance of these functions we may disclose any information you have provided to:

• the practitioner and/or their legal representative for the purpose of assessing and managing the notification;
• investigators or third parties exercising functions relating to law enforcement or the regulation of health practitioners or health services within Australia and overseas; panels and experts (such as performance and health assessors) where this is needed to help us to decide whether action is necessary in response to the information or complaint;
• entities and persons outside Australia if, for example, the notification relates to a health practitioner who practises, or has practised, overseas;
• third party contractors and service providers who support the collection, storage, use and disclosure of records (for example, administrators of secure file sharing platforms, IT service providers, offsite archival storage facilities and state / territory archives; and
• third party IT support providers who may also access our information systems remotely and this may involve access to personal information. Some of these third parties are located in countries outside Australia. Those countries include Japan, Canada and the United States of America. In all cases, we seek to share the minimum amount of personal data necessary.

We are committed to protecting your personal and sensitive information in accordance with the Privacy Act. Where we use third parties, we require the third parties to comply with the Privacy Act 1988 (Cth).

Disclosure of personal information to third party entities

We can be required to produce material in certain circumstances including:

• as part of the performance of our duties or functions where there is a legislative obligation or a duty to provide procedural fairness. For example, the legislation may require we place material on the public register;
• another entity with a responsibility for handling complaints or notifications about health practitioners or are involved in the regulation of health services. For example but not limited to governmental departments or bodies such as drugs and poisons authorities, Medicare, or PSA;
• law enforcement bodies such as police and government entities that investigate criminal behaviour;
• in response to a request under the Freedom of Information Act 1982 (Cth);
• as part of our duty to provide discovery or comply with a notice to produce in proceedings we or a National Board initiated or in proceedings against us or a National Board;
• in response to a subpoena or summons issued in proceedings between third parties;
• in response to a minister, house of parliament or another government agency’s exercise of a legal power to obtain information, and
• under the relevant public records acts (which is concerned with the preservation and use of archival resources).

Anonymous & confidential notifiers

There are limitations on progressing information provided by people who seek to remain anonymous or confidential. You can read more about anonymous and confidential notifications here. Ideally, anonymous or confidential notifications should be made by phone so we can check your and our understanding of the concerns being raised and also discuss with you any limitations we may face in progressing the matter.

Anonymous notifier

Where necessary, we may provide personal information about a notifier to the health practitioner.

We accept notifications made anonymously or by using a false name (‘pseudonym’).

Confidential notifier

We also accept notifications where you seek to remain confidential. We refer to this as a ‘confidential notification’.

We recognise that in some cases release of information provided by you (such as your identity) may have a substantial adverse effect on you. This may also affect the willingness of other information providers to assist us in performing our functions.

Where requested to do so, we will, to the extent reasonably possible, seek to protect information you have disclosed unless we are required to disclose do so by law or where the disclosure of the information is necessary in order for us to meet our statutory responsibilities to the community.

Where you have requested to remain confidential, we will aim to take all reasonable and practicable steps not identity you in the regulatory process. However, this may not be possible where:

• the practitioner has, is likely to be, referred to a disciplinary hearing;
• the information you have provided, or some of the information you have provided, is referred to another decision-making body, (such as a Health Complaints Entity),
• we assess that there is a risk to an individual’s physical or psychological safety; or
• it is necessary to fulfil our regulatory functions under the National Law. This includes where disclosure of personal information to a practitioner is necessary in order to afford them a procedurally fair opportunity to participate in our processes and respond to the concern(s).

Your request to remain confidential does not extend to the relevant National Board and/or Committees.

Disclosing information to a practitioner

When we receive concerns about a practitioner, we need to provide them with enough information to enable them to respond. This usually involves telling the practitioner which patient or patients the concerns are about.

Further information

You can read more about how we obtain and manage personal information in our Privacy Policy. Our Privacy Policy also explains how you can:

• access personal information we hold about you
• seek correction of personal information we hold about you, and
• complain to Ahpra about a breach of your privacy (and how that complaint will be managed)

Contact us on Ph 1300 361 041 if you would like more information about how we collect, hold, use and disclose personal information.