Legal support is included with membership to the Australian Podiatry Association (APodA), but some podiatrists may feel unsure as to when or why they would ever use this support. We spoke with Andrew McKenzie from Maurice Blackburn Lawyers about the calls he receives from allied health professionals, and how legal advice fits into everyday practice.
Or listen to the 10-minute audio conversation.
Andrew McKenzie describes Maurice Blackburn’s role with APodA as having four key parts, starting with support for the profession at a broader level. “The role is four things,” he says. “So first of all, we like to support the profession as we do with other peak bodies in relation to policy and advocacy work.”
This work is closely connected to compensation schemes, which Andrew says need to function fairly for everyone involved. His focus is not just on patients and the community, but also on clinicians working within those systems. “We want to make sure that the compensation schemes in which everybody works remain fair and equitable for the community, but also for the people who work in that space to make sure that they get paid properly for the work that they do.”
Given a significant portion of the calls Andrew receives relate to compensation schemes and funding decisions, he explains how Maurice Blackburn supports members in this area. “We do a lot of education in relation to the compensation schemes in which people work,” he confirms.
That education is practical and focused on helping members understand how to work within complex systems. “We help the members navigate those schemes to make sure that they can optimise the amount of treatment that they’re able to obtain for their patients,” Andrew explains – noting that this includes situations where treatment has been rejected. “Especially those who get rejected for treatment in relation to it.” The aim, he says, is to help members work through these challenges with support rather than in isolation.
Another core part of the role is education around risk management. “The third part of our role is in relation to education about risk management,” Andrew says. While Maurice Blackburn is not an insurer, he explains that their experience gives them a strong understanding of where practitioners can unintentionally get into trouble.
“Even though we are not insurance lawyers,” he says. “We are very much across where people get in trouble – and we try and help the members make sure that they stay safe, their businesses stay safe and their patients are looked after.” Much of this work involves helping podiatrists feel more confident about decisions that sit in grey areas or feel uncertain at the time.
Andrew notes that many calls are not about major legal disputes, but about day‑to‑day practice issues that can have legal consequences if handled poorly. “We do a lot of work about things like privacy, confidentiality, changes in AI, note taking, report writing and so forth” he says.
Because Maurice Blackburn works closely within compensation schemes, Andrew says they have developed a clear sense of what matters in documentation and disclosure. “We’ve got some very good ideas in relation to what issues are relevant to them, including what should be put in notes, what shouldn’t be put in notes, and what records need to be disclosed.” These are often the kinds of questions members want reassurance on before problems arise, confirms Andrew.
The fourth part of Maurice Blackburn’s role is providing direct legal advice to allied health professionals such as podiatrists. Andrew says this service exists because there was previously no clear avenue for allied health professionals to speak directly with a lawyer about practice‑related issues. “What we recognised was there really wasn’t an avenue for allied health professionals to be able to reach out to a lawyer to talk to somebody.”
As a result, Maurice Blackburn now receives more than a thousand calls each year. “We receive over a thousand phone calls a year in relation to all sorts of legal queries,” Andrew explains. These range widely, including requests to release records, subpoenas, court appearances, and complex patient situations where practitioners are unsure how to proceed.
Andrew is clear about where Maurice Blackburn’s role stops. “Our cutoff point is where they get a complaint or a threat of litigation, then they have to go through their insurance company,” he says. At that point, matters must be managed through insurers and separate legal representation.
Before that stage, however, Andrew says there is often an opportunity to talk through concerns and decisions. “We’re trying to help allied professionals like podiatrists to navigate the situation before they get a complaint coming in.” Early advice, he suggests, can be a way to reduce stress and uncertainty before issues escalate.
Where Maurice Blackburn cannot provide direct advice, Andrew says they act as a triage point. “Where we can, we try and answer those questions,” he says. “If we don’t have that expertise, we’re a bit of a triage house to make sure that they’re going to see the right people in relation to it.”
Cost is often a concern for podiatrists, but Andrew explains that this service is largely provided at no cost to members. “We don’t charge for our consultations except in relation to employment law,” he says. “All of the other areas … all of those consultations are completely free otherwise.”
One of the key protections Andrew wants APodA members to understand is confidentiality.
“Any conversation with me is all safe and protected,” he says, referring to legal professional privilege. This allows members to talk openly about situations where they may feel uncertain or uncomfortable navigating alone. “They can always talk to us and feel safe that they’ve got someone they can have these conversations with.”
When asked whether most podiatrists are aware of this support, Andrew is candid. “Probably not,” he says. His advice to APodA members is simple: “Don’t be afraid to give us a call, to be honest.”
Sometimes, he explains, the question is less about law and more about reassurance. “Sometimes it’s even just an ethical decision. Just check. It’s much better to be safe in that regard.” Ultimately, Andrew hopes allied health professionals begin to view legal support differently. “I’m trying to flip that script and actually seeing us as an ally and a friend and somebody here to support you through what could be a difficult time.”
If you are an APodA member, you can learn more about the legal support available to you via Maurice Blackburn – with member testimonials regularly updated. Head to your legal support section within the member portal.
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