26.1   Purpose

The purpose of this Regulation is:

26.1.1   To promote accepted standards of professional practice by Fellows of the College.

26.1.2   To establish a system for the handling of complaints against Fellows of the College.

26.1.3   To establish a Committee to adjudicate such complaints.

26.2   Standards Committee

26.2.1   The Council shall nominate Fellows of the College of good standing with a range of special interests, and such other persons as the Council shall determine, who shall be eligible to be selected as members of a Committee from time to time, as required ("eligible persons").

26.2.2   The Chief Executive Officer may appoint a Committee comprising eligible persons in relation to any matter or complaint referred under this Regulation. A Committee shall comprise at least three (3) eligible persons.  The Chief Executive Officer shall appoint one of the eligible persons as Chairman of the Committee.

26.2.3   The Committee shall include:

26.2.3.1   one eligible person from the area of special interest to which the matter or complaint relates;

26.2.3.2   one eligible person not from the area of special interest to which the matter or complaint relates; and

26.2.3.3   one eligible person who is not a Fellow of the College.

26.3   Complaints and Referrals to the Committee

26.3.1   If a written complaint by any person or body against a Fellow is received by the College, the complaint may be considered in accordance with this Regulation.

26.3.2   If the College becomes aware that a Fellow has been investigated by a Statutory Complaints Authority, Professional Standards Committee or Medical Board, or other relevant Authority ("an Authority"), and if there is an adverse finding in relation to the professional conduct of the Fellow, the matter may be referred in accordance with this Regulation.

26.3.3   Where a particular matter or conduct relating to a Fellow has been referred by any such Authority to the College, the matter may be referred in accordance with this Regulation.

26.3.4   Any matter or complaint under Regulations 26.3.1, 26.3.2 or 26.3.3 shall be received by the Chief Executive Officer of the College, and may be:

26.3.4.1   referred to a Committee for consideration;

26.3.4.2   referred to the Council (or a Sub-Committee of the Council appointed for that purpose) for consideration;

26.3.4.3   referred to another committee or body of the College which may appropriately deal with the matter or complaint;  or

26.3.4.4   referred to any appropriate Authority if the Chief Executive Officer considers that the matter or complaint may be of a serious nature and may constitute serious professional misconduct.

26.3.5   A complaint shall be considered pursuant to this Regulation if it relates to the professional or ethical standards of conduct of a Fellow, or relates to the conduct of a Fellow which affects the honour, good reputation, interests, or work of the College.

26.3.6   No complaint shall be considered unless it is in writing and includes the name and address of the person or persons making the complaint.

26.3.7   Receipt of a complaint shall be acknowledged by the Chief Executive Officer in writing.

26.3.8   A complaint shall be dealt with, as far as possible, on a confidential basis and consistent with the protection afforded by the legal principle of qualified privilege.  The person or persons making the complaint should be informed that the College does not guarantee anonymity of those making complaints.

26.3.9   Before referring a matter or complaint, the Chief Executive Officer shall consider whether the matter or complaint should be appropriately referred, including consideration of the following:

26.3.9.1   whether the matter or complaint falls within the scope of this Regulation;

26.3.9.2   whether the matter or complaint would be more appropriately dealt with by another body or authority, either within or outside the College;

26.3.9.3   whether the matter or complaint is currently being dealt with by another Authority;

26.3.9.4   whether the matter or complaint should be adjourned or not dealt with, pending a hearing or determination by another Authority.

26.4   Proceedings of a Committee

26.4.1   Upon referral of a matter or complaint pursuant to this Regulation, the Committee shall decide whether, prima facie, there is a case to answer in respect of such matter or complaint.

26.4.2   If it is decided that there is a prima facie case to answer, the Committee shall forward appropriate details of the matter or complaint to the Fellow concerned.  The Fellow concerned shall be entitled to receive sufficient details of the nature and circumstances of the allegations in the matter or complaint as will allow the Fellow to fully respond to the allegations and as the rules of natural justice may require.

26.4.3   Any Fellow who is the subject of any matter or complaint before the Committee shall, at least fourteen (14) days prior to the meeting of the Committee, at which any determination is to be made, be given written notice of:-

26.4.3.1   the intention of the Committee to consider the matter;

26.4.3.2   the time, date and place of the meeting;

26.4.3.3   particulars of the nature of the matter under consideration;  and

26.4.3.4   advice that the Fellow may attend and give oral or written submissions at that meeting in respect of the matter.

26.4.4   At the meeting of the Committee held to consider the matter, the Fellow shall be given an opportunity to be heard, and the Committee shall give due consideration to any written or oral submissions made by the Fellow.  The Fellow may be accompanied by another person, but shall not be entitled to have an advocate or be legally represented before the Committee, unless the Committee has given its prior consent.

26.4.5   Any member of the Committee who was involved in the matter or complaint, or who had previously made a decision in relation to the matter or complaint, or who is a partner or has any other family or professional relationship with the Fellow concerned, shall not participate in any consideration of the matter or complaint by the Committee.

26.4.6   Subject to Regulation 26.6.5, proceedings of the Committee shall be confidential, except for the reporting of progress, appropriate reporting to the parties involved, and reporting of the decision and reasons to the Council.

26.4.7   Members of the Committee may meet in person, by telephone or other telecommunications or electronic means, or by correspondence for the purposes of carrying out their functions.

26.4.8   The Committee is not bound by the rules of evidence and, subject to the rules of natural justice, may inform itself on any matter and in such manner as it thinks fit. Any information which is material to the allegations made in relation to the Fellow shall be disclosed to the Fellow, and the Fellow shall be given sufficient opportunity to make submissions in relation to that information.

26.4.9   The Committee shall be entitled to consider all relevant information which it thinks fit and may invite any person to appear before it or to provide information.

26.4.10   The Committee shall conduct its affairs with as little formality as possible, but otherwise, subject to this Regulation, shall have full power to regulate its conduct and operation, including convening and adjourning any meeting as it may require.

26.4.11   In considering any matter or complaint, the Committee shall act as expeditiously as the circumstances permit.

26.4.12   The Committee may make its own enquiries and seek legal or other professional advice in relation to any matter or complaint under consideration.

26.4.13   The Committee may hold, convene or adjourn meetings as it thinks fit.

26.4.14   The Committee shall keep appropriate Minutes of meetings, including decisions of any determination made in relation to any matter or complaint before it.  Minutes of hearings of the Committee may be confined to a report of the decision made by the Committee.

26.5   Decisions of the Committee

After consideration of a complaint or matter, the Committee may recommend to Council that it:

26.5.1   take no action;

26.5.2   dismiss the matter or complaint and exonerate the Fellow;

26.5.3   counsel the Fellow and/or require the Fellow to participate in any relevant College program or activity;

26.5.4   censure the Fellow;

26.5.5   refer the matter or complaint to the Council for consideration (including suspension or termination of Fellowship);

26.5.6   refer the matter or complaint to an appropriate Authority.

[The Committee may decide to refer the matter or complaint to an appropriate Authority at any time after receipt of the matter or complaint.]

26.6   Actions of Council

26.6.1   The Council may consider any matter or complaint referred to it pursuant to this Regulation.

26.6.2   The Council may appoint a sub-committee of the Council, comprising such members of Council or other persons as it determines, to act on the Council's behalf (and a reference to the Council in this Regulation shall include a reference to any such sub-committee).

26.6.3   In considering any matter or complaint, the Council shall, as nearly as possible, observe the provisions for proceedings and procedures set out in this Regulation relating to the Committee.

26.6.4   Upon consideration of any matter or complaint, the Council may:

26.6.4.1   take no action;

26.6.4.2   dismiss the matter or complaint and exonerate the Fellow;

26.6.4.3   counsel the Fellow and/or require the Fellow to participate in any relevant College program or activity;

26.6.4.4   censure the Fellow;

26.6.4.5   by a three-quarters majority vote (of those present and voting), suspend the Fellowship of the Fellow;

26.6.4.6   by a three-quarters majority vote (of those present and voting), terminate the Fellowship of the Fellow;

26.6.4.7   refer the matter to any appropriate Authority.

[The Committee may decide to refer the matter or complaint to an appropriate Authority at any time after receipt of the matter or complaint.]

26.6.5   In relation to any decision of the Committee or the Council, the Council may, in its absolute discretion, give notice of, publish or communicate the decision to:

26.6.5.1   all or any of the Fellows of the College;

26.6.5.2   any Authority or professional body or organisation in or connected with the field of medicine;

26.6.5.3   the public generally.

26.6.6   In the event of the suspension or termination of the membership of a Fellow, the Fellow shall, within seven (7) days of receipt of notice requiring the Fellow to do so, return to the Chief Executive Officer the Fellow's Certificate of Fellowship, and the Fellow shall not represent or hold himself or herself out to be a Fellow of the College or use the suffix FANZCA, or by any other means.

26.7   Notice of Determinations and Appeal

26.7.1   Following receipt of notification of any determination by the Committee or Council in respect of any complaint or matter, the Chief Executive Officer shall, as soon as possible, notify in writing the Fellow concerned and the person initiating the complaint or matter of the determination.

26.7.2   Any Fellow in respect of whom an adverse decision is made under this Regulation may appeal the decision in accordance with the College's Appeals Process.

26.8   Reinstatement

A Fellow who has had his or her Fellowship suspended or terminated may be reinstated as a Fellow of the College at the discretion of the Council, and upon such terms and conditions as the Council may, in its absolute discretion determine.

26.9   Administrative Support

26.9.1   The Committee may request administrative assistance in connection with its functions through the Chief Executive Officer.

26.9.2   The Committee and the Council may invite such persons as they think fit to participate in and observe their meetings, including College staff, legal advisers and other advisers.

26.10   Previous Complaints

In considering what, if any action the Committee or the Council may recommend or take in relation to a matter or complaint against a Fellow, both the Committee and the Council shall be entitled to consider any prior matter or complaint determined in relation to the Fellow PROVIDED THAT the Fellow is given sufficient opportunity to make submissions in relation to such information.
November 2002