ASMOF NSW warns over complaints and advocacy
More than 10,000 doctors represented by ASMOF NSW could be affected by AHPRA’s adoption of the International Holocaust Remembrance Alliance, or IHRA, Working Definition of Antisemitism as a reference tool in regulatory work.
ASMOF NSW unequivocally condemns racism, xenophobia, antisemitism, Islamophobia, hatred and discrimination in healthcare. Every doctor, healthcare worker and patient has the right to a safe, respectful environment free from hatred, intimidation, harassment and discrimination.
All ASMOF NSW members are registered under the National Registration and Accreditation Scheme, which the Australian Health Practitioner Regulation Agency administers. That means AHPRA decisions directly affect union members across NSW.
However, the union argued that parts of the IHRA definition and its examples risk conflating legitimate criticism of government policies and actions with antisemitism. It warned that the move could create uncertainty for medical practitioners and affect lawful public commentary, humanitarian advocacy and evidence-based advocacy on matters of public interest.
Doctors have a professional and ethical responsibility to speak out on health, human rights and patient welfare. ASMOF NSW contends that AHPRA’s adoption of the IHRA definition could suppress legitimate professional advocacy and public debate by creating uncertainty about what commentary may attract regulatory scrutiny.
The union said doctors should not face complaints, investigations or reputational damage for lawful advocacy, academic discussion or humanitarian commentary. It also raised concern that vexatious or politically motivated notifications could further weaponise the complaints process.
Even when allegations are dismissed, a complaint can impose significant personal and professional costs on practitioners. ASMOF NSW wants AHPRA to protect doctors from racism and discrimination while also safeguarding their right to take part in lawful public discourse.
National Law and AHPRA powers
Australia already has legal, professional and regulatory frameworks that prohibit discrimination, harassment and vilification. These include anti-discrimination legislation, the National Law, professional codes of conduct and workplace policies.
According to ASMOF NSW, those existing frameworks already give regulators substantial powers to address racist, discriminatory and unprofessional conduct. Because of that, the union believes AHPRA does not need a definition that could create uncertainty around lawful professional expression.
ASMOF NSW called on AHPRA to rescind its adoption of the IHRA Working Definition of Antisemitism and rely instead on robust, universal anti-racism frameworks and existing laws. It also urged the regulator to ensure complaints processes cannot be misused to silence legitimate advocacy by doctors and other health workers.
