Voluntary Code of Conduct
Commencement of Policy: This CoC commenced on 08/07/2024. It replaces all other CoC, (whether written or not).
Introduction:
Members of the AAMLP manage the business process around the delivery of independent compensable personal injury assessments. Stakeholders in the process are the claims manager, the examinee, the expert witness, and the independent medical organisation, including staff.
An independent personal injury assessment starts with engagement with a claims manager, followed by a letter of instruction and results in a transcript from the expert witness.
Definitions:
Claims Manager - A claims manager can be employed by a large employer, a workers compensation agent, an insurance company, a law firm or a government institution.
Examinee – an injured individual, being subject of the medicolegal assessment.
Expert Witness - An expert witness in this context is a medical specialist or allied health professional (e.g. physiotherapist, occupational therapist, dentist, psychologist).
Independent Medical Examination (IME).
Purpose and Scope:
Purpose: AAMLP recognises the need for a set of guidelines and principles that outline the ethical and professional standards expected of its members when dealing with all stakeholders. This CoC is designed as a framework for self-regulation, intending to fulfil the following objectives:
To enhance the public’s confidence in using medicolegal providers by ensuring strong professional standards and behaviours of all AAMLP members under this CoC;
To emphasise the need for a special responsibility when dealing with vulnerable groups in the community.
Scope: This CoC applies to all members of AAMLP, including volunteers, staff, and participants in member activities. This CoC aims to address standards for the provision of independent personal injury assessment services, conducted in the following areas:
Workers Compensation Schemes.
Life and Disability Insurances.
Motor Accidents Authorities (CTP).
Coroners Court.
Medical malpractice.
Litigated Matters.
Civil and public liability.
The CoC is based on the following key fundamentals:
AAMLP members must conform to all relevant state, national and international laws, including the Financial Code of Practice CoC.
AAMLP members must adhere to existing procedural references, associated codes of practice and guidelines currently in use, as they apply.
AAMLP members must not do anything which might damage the reputation of the medicolegal companies they work for, the industry and the AAMLP.
AAMLP members must take special care when servicing and working with vulnerable groups in the community.
AAMLP members must conform to generally accepted high standard and principles of business ethics.
Standards of Professional Conducts:
Obligations: AAMLP members have a responsibility to comply with all statutory obligations.
Act with Integrity: Members must always act ethically and with integrity. Members must not do anything which would bring AAMLP or its members into disrepute. This means that all actions must have a basis of honesty, respect, accountability and sincerity and any misleading, deceptive, dishonest, and fraudulent conduct must be avoided at all times. Members must embrace diversity and foster an inclusive environment.
Communication: Be mindful of language and tone. Avoid offensive or discriminatory remarks.
Collaboration: Encourage teamwork and cooperation. Listen actively to others' perspectives.
Conflict Resolution: Address conflicts constructively and seek resolution through open communication.
Avoidance of Conflict of Interest: AAMLP Members must avoid any conflict of interest and any real or potential conflicts of interest should be identified and evaluated and adequately managed through controls and full disclosure.
Independence: All services provided by AAMLP Members must be independent. Members recognise that their responsibility is to the courts, adjudicating bodies and agree to adhere to relevant rules related to the provision of expert witness services.
Legal, Ethical and Regulatory Obligations: All decisions made by an AAMLP Member should be consistent with the letter and the spirit of any applicable legislation or regulation and any relevant State or Federal legislation in respect of privacy, discrimination, and data protection. Adhere to ethical standards relevant to our member activities.
Anti-Competitive Behaviour: Whilst the sharing of technical knowledge and professional standards is always encouraged, AAMLP Members must take care, at all times, to ensure that actions that may be perceived as anti-competitive behaviour are avoided.
Competency: AAMLP Members must ensure that they have up-to-date technical knowledge and professional skills. This should involve continuing professional development through attendance at seminars, workshops and training courses.
Public Interest: AAMLP Members have a responsibility to provide excellence in service. All personal information must - under informed consent - be dealt with, in accordance with State and Federal rules, regulations and legislation, as they apply.
Customer Service: AAMLP Members have a responsibility to provide excellence in service to the examinee and ascertain that the medicolegal assessment, and the process related to that assessment, are as seamless as reasonably practicable.
Selection of Expert Witnesses: AAMLP Members have a responsibility to exclusively select expert witnesses who are appropriately trained and accredited to provide medicolegal services under the state and federal rules, regulations, and legislation, as they apply.
Accountability: Violations of this CoC may result in warnings, suspension, or expulsion from AAMLP depending on the severity and recurrence of the behaviour.
Training: All members are to familiarise themselves with the CoC upon joining AAMLP.
Reviews and Updates:
This CoC will be reviewed annually, and updates will be made as needed. Feedback from the members is welcomed.
Communication: The CoC will be communicated through member meetings, and the organisation's website.
Open Dialogue: Community forums will be held regularly to discuss the CoC and address any concerns or suggestions for improvement.
Accessibility and Inclusivity: The CoC will be made available in other formats to ensure accessibility for all members.
Reporting Mechanisms: Any member who witnesses or experiences a violation of this CoC should report it promptly to the AAMLP President. Reports will be treated confidentially, and appropriate actions will be taken.
Interpretation of the CoC: The CoC is to be applied in the spirit as well as to the letter. Members of AAMLP may elect to adopt the CoC and may publicise that they operate in accordance with the code. AAMLP will have the right to exercise appropriate action, such as cancelling or declining membership, in respect of any members who have adopted the CoC and have been shown to operate in conflict with the CoC.
Lead by Example: AAMLP leaders commit to upholding the principles of this code and promoting a culture of respect and inclusivity.
Annexure: related Codes of Practice
Workers Compensation Commission Practice Direction No 3 Expert Evidence
Date: 08-Sep-11
Author: Workers Compensation Commission
2. Approved Medical Specialist Code of Conduct
Date: 24-Nov-09
Author: Workers Compensation Commission
Ethical Guidelines on Independent Medical Assessment 2010, revised 2015. Rev-15 Australian Medical Association Ltd
3. Ethical Guidelines on Independent Medical Assessment 2010
Date: Revised 2015
Author: Australian Medical Association Ltd
4. Guidelines for Report Preparation and Court Attendance in relation to Independent Medical Assessments 2010
Date: 2010
Author: Australian Medical Association Ltd
5. WorkCover Guidelines on Independent Medical Examinations and Reports
Date: 23-Mar-12
Author: Government Gazette of the State of NSW
6. Guide for Independent Medical Examination Reports
Date: September 2013
Author: WorkSafe Victoria
7. Guide to the Evaluation of Permanent Impairment, Fifth Edition (AMA5)
Author: American Medical Association
8. Impairment Assessment Guidelines
Date: March 2015
Author : Government of South Australia
9. Guidelines for the Evaluation of Permanent Impairment, Fourth Edition
Date: Dec-16
Author: WorkCover WA