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All information pertaining to Reference Number: 00498345

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Dear Australian Health Practitioner Regulation Agency,

In your consideration of case no 00498345 you considered:
• the information you provided with your concerns,
• information that was available on our database,
• information that was relevant about the practitioner’s work environment,
• a response provided by the practitioner in relation to the concerns you raised.

Please provide all information you considered in this process, in particular, any information that was available on your database, information that was relevant about the practitioner's work environment, and the response provided by the practitioner. Please also provide "other materials obtained in the course of the assessment process".

Given that you have concluded that Dr Gallagher's performance, including the consent process, was not below the expected standard of care, I would like you to provide the documents or policies that outline the expected standard of care, and the consent process that Dr Gallagher was adhering to.

In your response to me you have stated that my "anxiety and history would exacerbate any discomfort". Please be clear about what part of my history you are referring to, and exactly where it is documented. Also, given my anxiety does not manifest around being touched, or medical procedures, and has not affected my medical treatment in the past, please show me what information you based an assumption that my anxiety would heighten physical discomfort.

You found that my concerns "do not reach the threshold for with regulatory action should be taken". Please inform me of the threshold where regulatory action should be taken, particularly as concerns consent, and the withdrawal of consent during a medical procedure.

Please also detail the ways in which you expect the risk of future harm by Dr Gallagher to be "adequately managed by the practitioner or their employer".

Yours faithfully,
Claire Madden

foi, Australian Health Practitioner Regulation Agency

1 Attachment

Dear Ms Madden,

Are you seeking to make an FOI request under the Freedom of Information Act 1982 (Cth)? If so, please confirm in writing or fill out the attached application form.

We note your current contact information and understand that communications to this email address are published directly on the 'Right to Know' website. Given the information you have requested is sensitive and involves a third party, we request that you provide alternative contact information for us to communicate with you concerning your request, such as a different email address.

Regards,

FOI Team
National Information Release Unit (Legal Services)
Phone | 1-300-419-495
Email | [AHPRA request email]
Web | www.ahpra.gov.au

Australian Health Practitioner Regulation Agency
G.P.O. Box 9958 | Brisbane QLD 4001 | www.ahpra.gov.au

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We don't know whether the most recent response to this request contains information or not – if you are Claire Madden please sign in and let everyone know.