APS response to the proposed ACT mandatory reporting framework on fitness to drive heavy vehicles

The APS welcomes the invitation to provide feedback on an ACT Government draft proposal for legislation that would require certain health practitioners, including psychologists, to report when they believe a patient has any permanent or long-term illness, injury or incapacity that may impair their ability to drive a heavy vehicle safely.

The APS acknowledges that this proposal is in response to a recommendation from a Coronial Inquest and would align the ACT with mandatory reporting requirements in SA and NT, although we note that no other jurisdiction imposes such a requirement.  While the APS affirms the role of psychologists and other health practitioners in assessing fitness to drive and in promoting road safety, we do not support the use of a mandatory reporting framework in this context.  This is for several reasons, as outlined in our submission:

• There is insufficient evidence that a mandatory reporting framework increases reporting rates by health practitioners or has any effect on reducing the rate of accidents. We cannot support a proposed legislative change which imposes new burdens on health practitioners in the course of their clinical and professional work without sound evidence.

• The proposed framework does not recognise the potential negative impacts of mandatory reporting on the therapeutic relationship between psychologist and client, or the public health implications – including the adverse psychosocial and mental health impacts on psychologists’ clients – associated with a potential loss of licence following a mandatory report.

• The framework shifts the regulatory burden to psychologists and other health practitioners without any support or assistance, including the provision of training and resources to help practitioners to explain the policy objectives to affected patients. Given the current mental health crisis in Australia and the critical shortage of psychologists to support the community, adding to the workload of psychologists without an evidence-based justification is likely to cause more harm than good.

• How mandatory reporting relates to mental health conditions is not clearly articulated. In addition, the proposed threshold for reporting is too low. These factors are likely to result in the unnecessary over-reporting of mental health conditions which are well-managed through current psychological treatment.

• Psychologists and other health practitioners are already able to report concerns they have about clients who are heavy vehicle drivers under the Assessing Fitness to Drive standards. We therefore submit that the current regulatory approach is sufficient. Efforts towards enhancing the way that health practitioners address and report fitness to drive concerns for heavy vehicles should prioritise non-legislative approaches, such as educational and collaborative initiatives with practitioners and representative bodies, including the APS.

View submission