Post implementation review of the Authorised Health Practitioner (AHP) framework

We seek feedback on the implementation of the AHP framework in the NSW CTP scheme and review its effectiveness, with recommendations for refinement or improvements.

  • The Issue

    Consultation period: 15/07/2021 12:30 pm to 06/08/2021 5:00 pm

    What is this about?

    Authorised Health Practitioners (AHPs) provide evidence acting as an expert witness in relation to motor accident injuries in court and dispute resolution proceedings. The State Insurance Regulatory Authority (SIRA) is undertaking a post-implementation review of the Authorised Health Practitioner Framework (AHP Framework) in the NSW CTP Scheme.

    The review will consider whether the framework is operating effectively and as intended. Feedback is now being sought from key stakeholders and scheme participants, including but not limited to medico-legal practitioners and providers, insurers, and legal providers.

    The attached discussion paper has been designed to support the consultation process for the review, offering stakeholders and scheme participants the opportunity to provide feedback on how the framework has been operating, and to inform options for potential future improvements or refinements.

    Next steps

    A series of discussion questions have been integrated throughout the discussion paper to help elicit feedback that will help inform options for potential future improvements or refinements. For ease of reference, these discussion questions are also provided in Appendix A of the discussion paper

    SIRA welcomes your feedback to help us to deliver a better customer experience for the injured person and encourage the early resolution of motor accident claims and the quick, cost-effective and just resolution of disputes in the CTP scheme

    The review will consider information and feedback received through multiple channels, including:

    • responses to this discussion paper
    • meetings with stakeholders and scheme participants
    • correspondence received or available to SIRA relevant to AHP framework, including but not limited to submissions as part of a consultation process or parliamentary inquiry, email exchanges or other written correspondence
    • available data reporting and analysis

    You can provide feedback by:

    The consultation period opens on 15 July and ends at 5pm on 6 August 2021.

    COVID-19 update: due to the impacts of the COVID-19 pandemic all submissions are to be submitted electronically and not by mail.

  • Milestones

    15 July 2021 consultation period opens

    6 August 2021 consultation period closes

    COVID-19 update: due to the impacts of the COVID-19 pandemic all submissions are to be submitted electronically and not by mail.

  • Outcomes

    SIRA received 16 responses to the discussion paper as at the end of August 2021, of which 13 have been made publicly available with information redacted where requested.

    The key themes raised in responses to the discussion paper include:

    • support for taking a person-centred approach and encouraging joint medico-legal assessments to ensure an optimal experience and outcomes for claimants and timely and just dispute resolution
    • some concerns that the Framework is not achieving its objectives
    • differing views about whether joint assessments should be mandatory, and how they could be incentivised
    • support for SIRA’s retention of power to revoke authorisation of a practitioner
    • support for broadening eligibility requirements to better reflect the nature of the work of authorised health practitioners
    • support for streamlining and simplifying application and administrative processes
    • support for making changes to SIRA’s published list to improve ease of navigation
    • the need for both quantitative and qualitative data to measure the Framework’s effectiveness, particularly outcomes data
    • support to provide training for authorised health practitioners, particularly around assessment and report writing
    • discussion about potential duplication with the functions of the Australian Health Practitioner Regulation Agency (AHPRA)
    • concerns that the prescribed maximum fee recoverable did not reflect the volume or complexity of the work of authorised health practitioners (cost was not within the scope of this review)
    • some confusion regarding the roles and responsibilities of SIRA and the Personal Injury Commission (the Commission), such as reference to templates and a portal that is related to the Commission, not SIRA.

    Next steps

    SIRA will consider the responses to this review together with any recommendations or commentary from the independent statutory review into the 2017 Act conducted by Clayton Utz and Deloitte. Stakeholders have also had the opportunity to contribute to that review.

    To ensure any changes to the system are person-centred, SIRA is seeking to understand the experience of injured people, particularly with medico-legal issues arising from the management of their motor vehicle accident claims and their experiences with authorised health practitioners. SIRA will undertake a separate consultation process to gain this perspective.

    Feedback from these consultations will inform options for potential system improvement. SIRA anticipates being in a position to advise stakeholders of the outcome of these consultations in the first half of 2022.

    A summary of responses to the discussion paper is now available.

    View the submissions here

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