This post focuses on a complaint that was made against me for my recommendation of low carb diets in diabetes management. It was made by another dietitian, lodged with my workplace and later forwarded to the DAA.
In particular, I’d like to highlight how the DAA complaints process worked in my case. It’s important to note that the DAA is a self regulated organisation that is not under the jurisdiction of any independent agency, including the Federal Government (Federal Health Ministry, COAG, Ombudsman, AHPRA etc) that I could find. It sets it’s own rules, make decisions which may result in personal and financial loss to individuals, all with apparent impunity.
So here’s a chance for the DAA to shine as I take a look at our time together during the investigation into my practice.
The Beginning
A letter from DAA dated 10 September 2014, was sent to me giving notice that the DAA was “in receipt” of a complaint made by another dietitian.
The issues of the complaint were:
A. That my recommendation of a very low carbohydrate diet for type 2 diabetes management is inconsistent with Evidence Based Practice.
B. That a letter from a patient indicates that I dismissed previous evidence based advice* given to this patient and provided contradictory advice, resulting in a confused and disgruntled consumer.
*which happened to be from the dietitian making the complaint
C. The use of patient testimonials on my website for my book. (I promptly removed these and the matter was not brought up again by DAA as an issue of concern.)
In this letter I was also informed that the “complaint” had been referred to the Vice President who had “….. determined that there is a need for investigation under the Complaints and Disciplinary process.”
It was a really unnerving letter to receive because it seemed to imply more than the issues the complainant had raised. For example, the DAA mentioned “….breaches of the Code of Professional Conduct and Statement of Ethical Practice….”. I was unsettled by the tone but nevertheless happy to answer what the DAA saw as “areas of concern”.
Response sent
I thought I did a pretty good job with my response, particularly in providing evidence for the use of low carb diets in diabetes management as asked. I was surprised, however, that I had to point out to the DAA that they themselves, by deferring to American guidelines by the ADA, must also support low carb diets as one of the options in diabetes management.
But apparently the DAA was not satisfied.
I am not sure why my response was considered inadequate but I received a letter from CEO Claire Hewat on 19.11.2014 saying that, “…you will still be required to provide a response regarding the two areas of concern highlighted already by the Vice President.”
I wanted to reply: “I’ve already provided responses. Haven’t you read them?” but dutifully sent off two further replies: One, Two with more details.
I did however have to ignore what I considered an unnecessarily menacing tone in the DAA letter. In view of the fact I had responded promptly to every request, I think it was unnecessary for the DAA to write, “A general response is not sufficient. If no satisfactory response is received, DAA will progress this case as allowed by our By-laws. You will have deemed to have disengaged from the process and
the material will be sent to a Hearing and Assessment Panel for consideration with or without your input.”
WHOA!!! Where did that come from? A friendly bit of advice to assist a member or barely veiled intimidation?
Oh, but on a more positive note, CEO Claire Hewat finished her letter with the lovely offer that if I required support, “please do not hesitate to contact me”.
Possibly one of the greatest comedic lines in the DAA joke book.
Did I receive a fair hearing?
It has been suggested to me recently that the DAA may have contravened it’s own By-Laws in the handling of my case.
The By-Law for Complaints and Disciplinary Procedures clearly sets out the steps to be followed after a complaint is made.
Firstly, the Chief Executive Office completes an initial assessment of the material gathered concerning the Complaint.
According to the relevant By-law, the INITIAL ASSESSMENT OF THE EVIDENCE states that:
“5.1 The Chief Executive Officer must assess all the information and material provided by the Complainant, the Respondent, itself and any other third party in relation to the Complaint.”
After gathering this information, the CEO is then supposed to discusses the issues with the Vice President, who then determines whether the complaint should be dismissed or proceed.
“All the evidence” referred to is stated to include both the complaint and the response, otherwise it would only be one side of the story. Obviously. And how could the Vice President be expected to make a decision about what is to happen next if she doesn’t have all the information?
Well………..
In my case, CEO Claire Hewat appears to have had a discussion with the Vice Pres after receiving the complaint but BEFORE I’d even been informed that there was a “complaint” against me. Not only that, the Vice President made her decision that there was a need for an investigation rather than any other course of action BEFORE having received, and therefore read, my response.
Anyone smell a rat?
How does that constitute giving due consideration to the complaint and the evidence if I hadn’t yet been given the chance to provide a response to the accusations? Is it possible that I wasn’t being treated fairly?
Anyway, this farce of what could be likened to a Kangaroo Court continued for a while and by the end of the ordeal, DAA’s decision was no surprise.
The Verdict
A letter from DAA dated 21.4.15 informed me of the Board’s decision.
The Board resolved that the complaint from the dietitian had been upheld; they deemed me guilty of professional misconduct (the DAA has refused to specify of what) and I was to be expelled from membership of the DAA.
Also, the Board supported the recommendation to alert relevant authorities such as Medicare, health funds and relevant government departments and I was informed that my “status” would be noted on the public section of the DAA website. The DAA wrote to the SNSWLHD to inform them of the Board’s finding and I consequently lost the job I had held for over 20 years.
Thanks DAA.
Possible next post:
SNSWLHD directive that “Nutritional advice to clients must not include a low carbohydrate diet”
How about a crowd-funded case in the High Court?
Hi Hedley. I haven’t ruled out legal action and advice is that I have a few more years to decide.
Where does the DAA get its funding? Food manufacturers? Industry associations? Or just membership fees?
Membership fees are over $600 p.a. and apparently there’s over 5,000 members. Corporate partnerships with the likes of Nestle, Aust Breakfast Cereal Manufactures, Arnotts etc provides hundreds of thousands as well. Free of any sort of influence, of course.
Sounds to me very likely this was a “pseudopatient” deliberately sent to discredit you, like Pippa Leenstra vs. Tim Noakes.
I was just reading up on what has finally occurred with Gary Fettke and wondering if the same might happen to you now Claire Hewatt has retired (she looks like she could have done with your services, as do many dieticians – frankly as well as being overweight they often do not look healthy and if they had half a brain they might consider that perhaps their high carb low fat diet doesn’t work for themselves any more than it does for their patients)
I’ve wondered about the “pseudo” bit too, Chris.
I’m also considering how to proceed now that there is a new CEO. I’m hoping that he will want to set the DAA on a different path, not least for the sake of its members, and a good start would be to right the wrongs the past. He’ll have my full support if that’s what he chooses, just as Gary has offered to work with AHPRA to improve the system there. Nothing like having gone through it to know the problems. In excruciating detail unfortunately.
Do you have a petition I can support?
Hi Mayne. Quite a few people have offered support and it’s very much appreciated. No petition has been organised as yet but it’s certainly being considered. Thank you for your support.
It seems that the course of action that must be taken, on behalf of not just practising dietitians and nutritionists, but also the entire Australian community, is a class action against the DAA.
Plaintiffs might include not just former DAA members professionally banished, but also those who have been threatened with banishment by the DAA, for providing patients low carb dietary advice. As well as Australian citizens who have paid for and been given professional dietary advice by any DAA member, since, being such a member inherently requires abidance to Australian Dietary Guidelines, or, inherently imposes an obligation to not provide any advice that may not be deemed mainstream-compliant, for fear of the same unjust outcome as befell poor Jennifer, if not worse legal and personal ramifications.
Your courage and kindness shines through and I hope this turning of the tide will be fast and furious! Changing a lifetime of habits is challenging but with the continuing message from such brave individuals the road to good health is made easier – thank you 🙏🌻
What a lovely comment, Christine. Your support is really appreciated 🙂
Have a chat with Gary Fettke and his legal team, I’m sure you’ll find some common ground and a precidence that may assist you in a court of law.
Hi Rod. Gary and I have had a couple of talks recently. He and Belinda have been great supports since the start of the ordeal.
Unfair is an understatement. I think it all comes down to the fact of who sponsors the ADA ie (big Food etc) and big pharma( LCHF is questing the diet heart hypothesis and role of statins). This combined with the fact that many dieticians ( and others) have spent their life learning a wrong hypothesis and supporting a LCHF way of life would be a major paradigm shift and admission that they have been mistreating patients for many years.
Read the book Real food on trial by Tim Noakes and Marika Sboros for a not dissimilar scenario with a favourable outcome albeit it mentally taxing for Tim Noakes.
Thanks for your excellent comment, Andrew. Marika and Tim’s book is on my reading list!
Hi Jennifer,
I came looking for why DAA members are dismissed as my lecturer had just shared this was the case. I’m a new student studying nutrition science and have many years to go before I can understand all this, however, I am not young. I hope that the truth comes out soon. Though I’m sure it already is, it’s just not getting the backing it should.
That’s why I’m here. I am looking for explanations, directions to research why Australia is now pumping out around 30 PhD nutrition academics per year, and there are so many organisations devoted to health care and nutrition but we still have 100’s of new diabetes diagnoses per day in Australia. The money is there. The infantry is there. The technology is there. The expertise and devotion too. We also have multiple authorities to back any science presented.
Can you point me in the direction, please?
P.s. I only have maybe 40years left on this planet, but before I go no one will have a food-related disease.