Variation application

A practitioner may apply for a variation to the existing action only if a ‘material change’ exists in relation to the matter giving rise to the existing action.

A material change is a change that is:

• significant or pertinent to the decision to take the existing action;
• a fact which must objectively exist;
  and
• a significant change in the matters outlined in the decision notice issued to the practitioner about the existing action, addressing serious risk to persons, reasons for taking the action and/or public interest.

Some of the examples of ‘material change’ include/may include (but are not limited to):

• the finalisation of a criminal matter in court proceedings, if the existing action was taken (all or in part) on the grounds of the criminal charges;
• a registered practitioner has surrendered their registration to Ahpra and are no longer able to practise in the registered profession the existing action relates to;
• evidence directly related to the matter giving rise to the existing action, that was not considered by the Health Ombudsman prior to taking the action.

Examples of evidence a practitioner may provide in support of their variation application to demonstrate material change include:

• a Verdict and Judgement Record at the conclusion of criminal proceedings;
• certificate of completion of educational courses addressing the matter giving rise to the existing action;
• any professional intervention addressing the matter giving rise to the action;
• any other information or documentation addressing a material change to the reasons for the decision to take the existing action.

For further information view the Variation application information sheet (PDF, 152kb)

Right of review

If the Health Ombudsman decides not to vary the existing action, or to vary in a way different to what you requested, you may be able to apply for a review of the decision to the Queensland Civil and Administrative Tribunal (QCAT) as provided under the QCAT Act 2009.

Contact the Monitoring team