Practitioners on notice over compassionate release of super

The Australian Health Practitioner Regulation Agency (Ahpra) and the Dental and Medical Boards of Australia say they have put practitioners on notice that action will be taken against potential predatory practice in the compassionate release of superannuation scheme, following “deeply concerning” reports of financial harms experienced by patients using significant amounts of superannuation to fund dental and medical treatments. Administered by the Australian Taxation Office (ATO), compassionate release of superannuation (CRS) is an important safety net for access to urgent health care for people who cannot otherwise afford it. But it can also have significant long-term financial impacts on individuals’ superannuation outcomes, and should therefore be used appropriately, with patients clearly informed of potential risks.

“We are deeply concerned by reports that some practitioners may be putting their own financial gain ahead their patients’ best interests,” Ahpra CEO Justin Untersteiner said. “We’re working with the ATO to identify any potential predatory practice. Practitioners are on notice that we will take action to protect the public.”

In a joint statement, Ahpra and the Dental and Medical Boards of Australia said the significant increase in approvals for the use of CRS for dental treatments in recent years has raised concerns that some practitioners may be placing profits over patient care.

Working with other regulators including the ATO, Ahpra and the Dental and Medical Boards of Australia are seeking to understand the recent growth in applications to use CRS to fund treatment and identify any concerns about inappropriate conduct. The practice of practitioners with high rates of report writing that indicate inappropriate patient assessment may be occurring are under close examination. Practitioners of are being reminded by the Dental and Medical Boards of Australia of their ethical obligations under their codes of conduct.

Practitioners are expected to: put the best interests of their patients first, providing treatment options that are based on the best available information and not influenced by financial incentives or gain; when writing reports to support the release of superannuation, to be honest and not misleading; before starting treatment, make sure that patients understand the costs; and ensure patients understand the risks of treatment. A notification to Ahpra can be made by anyone who has concerns about an individual registered health practitioner’s professional performance or conduct. A tip-off to the ATO can be made by anyone concerned about illegal early access to superannuation.

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