The clinical director of Canberra Hospital's ICU has launched legal proceedings against her employer and two of its executives, accusing them of trying to silence her whistleblowing efforts related to work health and safety concerns.
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Dr Bronwyn Avard lodged a statement of claim in the Federal Court on Wednesday, alleging that hospital actions against her started only after she made formal complaints and that those actions were retaliation to her raising concerns.
Dr Avard said she had raised such concerns with hospital executives, both formally and informally, over many years.
"I have devoted the past 17 years to the wellbeing of patients and staff in Canberra Hospital and I remain fully committed to public health care in the ACT," Dr Avard said.
She said she was "shocked and dismayed" that the hospital resisted suggestions to improving services.
Dr Avard alleges that such resistance was "failing to meet basic statutory obligations in relation to health and safety".
"This personal attack on me by my employer has left me no choice but to defend my integrity and shine a light on the shortcomings in the system in the hope that things will improve, for the safety of patients and staff," she said.
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The statement of claim reads that, in November 2021, Dr Avard submitted four safety reports, all of which related to mental stress from exposure to a traumatic event or work-related harassment and/or bullying.
Following those reports, she was directed to undergo an independent medical examination and not to attend the workplace until the medical report has been provided and considered.
A subsequent psychiatric examination found Dr Avard medically fit to perform her role.
In January, she was told that concerns about one of the safety reports were raised and a clinical misconduct investigation was initiated, requiring her to be suspended.
The health services then rejected Dr Avard's initial request to return to work.
Her lawyers argued, among other factors, that it was not appropriate or reasonable to suspend her during the investigation.
The health services ultimately removed her suspension, placing her on long service leave on the condition that she not enter the workplace while on leave.
In March, another request by Dr Avard to return to work was rejected.
On July 5, Dr Avard was told the investigation would be closed because of insufficient evidence.
The health services also made a decision in mid-2021 to investigate Dr Avard following a complaint about her behaviour between 2016 and 2019.
Dr Avard and her lawyers argue that the report into that investigation was deficient based on a number of factors, including making adverse findings of fact without giving her a chance to respond.
It also includes making prejudicial statements without supporting evidence and there was no explanation about the delayed investigation.
In June of this year, Dr Avard was again notified of another investigation about allegations of misconduct against her.
Dr Avard alleges the aforementioned actions against her are a breach of the Fair Work Act 2009 and amount to attempting to silence a whistleblower.
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In addition to Canberra Health Services, the statement of claim also names Lisa Gilmore, executive director of the critical care division, and chief operating officer Cathie O'Neill as respondents.
The matters filed against them relate to their roles as decision-makers in allegedly facilitating the health services' alleged breaches of the Act.
Dr Avard is seeking, among other things, a declaration that the three respondents breached the Act.
She also seeks payment for the losses, damages and hurt incurred since the actions against her started.
Dr Avard rejects that she was involved in any misconduct and is seeking an order that the health services be restrained from continuing the misconduct investigation and that it be restrained from relying on or making any misconduct findings.
Dr Avard began working with the health services in 2004 as a registrar of anaesthetics before being appointed as ICU director in 2015.
Canberra Health Services has been contacted for a response.
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