Regulation 30

The following Regulation is expressed in terms appropriate to the College, however, the Regulation is to apply throughout the College and its Faculties.

College Appeals Process (refer Regulation 31)

It is expected that persons will lodge a formal appeal only as a last resort.  Before convening the Appeals Committee, the Chief Executive Officer/Faculty Executive Officer will generally advise an applicant to seek a reconsideration and/or review of the original decision. 

The Appeals Committee shall only be convened if the Chief Executive Officer/Faculty Executive Officer is satisfied that the applicant has exhausted all other avenues of reconsideration and review of the relevant decision.

30.1   Reconsideration and Review of Decisions

The processes of reconsideration of a decision and review of a decision allow an applicant to present additional information relevant to a decision, and to ensure that the Committee/Group has had the opportunity to receive and consider all relevant information.

30.2   Grounds of Reconsideration and Review

30.2.1   Any person who is dissatisfied with, and adversely affected by a decision referred to below may apply to have the decision reconsidered.  Any person who remains dissatisfied after such reconsideration may apply to have the decision reviewed.  Any person who remains dissatisfied following review of the decision may, within three months of receipt of notice of such decision, apply to the Chief Executive Officer to have the matter heard by the Appeals Committee.  The process for a formal appeal is detailed in Regulation 31 Appeals Process.

30.2.2   The decisions which may be reconsidered or reviewed are:

30.2.2.1   Decisions of the Assessor or DPA Assessor, the Committees for Examinations, or the Training Accreditation Committee, the Supervisors of Training, or a Formal Project Assessment Committee  in relation to the assessment of progress of trainees of the College and its Faculties (including admission, dismissal or recognition of training).

30.2.2.2   Decisions of Council, Boards or Committees in relation to applications for admission to Fellowship.

30.2.2.3   Decisions of the International Medical Graduate Specialist (IMGS) Committee or Interviewing Panel, or Area of Need Appointees in relation to applications from international medical graduates for assessment for recognition on behalf of the Australian Medical Council, or the Medical Council of New Zealand, or any applicable State or Territory Medical Board (or for other appropriate purposes).

30.2.2.4   Decisions of the IMGS Committee or Interviewing Panel in relation to examinations or training required by the Chair of the IMGS Committee/DPA Assessor to be undertaken by international medical graduates for assessment as set out above.

30.2.2.5   Decisions of the Continuing Professional Development Committee in relation to participation in the Continuing Professional Development (CPD) Program, awarding of points to activities, and awarding of the Continuing Professional Development (CPD) Certificate.

30.2.2.6   Decisions of the Committees of the College and its Faculties, in relation to accreditation for training by hospitals, units, other organisations or supervisors.

30.2.2.7   Decisions of the Honorary Treasurers in relation to the financial status of Fellows, trainees or other persons.

30.2.2.8   Such other decisions of the College or its Faculties or Committees, as the Council may permit or determine from time to time.

30.3   Reconsideration Committee

30.3.1   A reconsideration of a decision is undertaken by the same Committee or person who made the original decision.

30.3.1.1   The applicant for a reconsideration should lodge the application in writing with the Chief Executive Officer stating reasons for the request.  The applicant should provide any additional material considered relevant to the decision.

30.3.1.2   The Committee will convene as the Reconsideration Committee either at its next scheduled meeting, or by special arrangement.

30.3.1.3   The Reconsideration Committee will consider:

30.3.1.3.1   all the original material and documentation;

30.3.1.3.2   all additional material and documentation supplied by the applicant;

30.3.1.3.3   any additional material and documentation considered relevant by the Chairman.

30.3.2   Minutes of the Reconsideration Committee deliberations, whether as part of a scheduled meeting or specially convened, shall be kept in accordance with the normal Committee practice.

30.3.3   Decisions of the Reconsideration Committee.

30.3.3.1   The decision made by the Reconsideration Committee shall be conveyed to the applicant in writing following the meeting.

30.3.3.2   Where possible, the Reconsideration Committee should endeavour to provide the applicant with reasons for the decision.

30.3.3.3   The applicant should be advised of the opportunity for review of the decision should he/she be dissatisfied with the decision.

30.4   Review Committee

30.4.1   A review of a reconsidered decision is undertaken by the nominees of the Committee which oversees the Committee or person making the original decision.

30.4.2   The Review Committee will not have any members who have been part of the Committee making or reconsidering the decision.  The Chairman of the relevant Committee will ensure, before convening the Review Committee, that all those taking part were not part of the original Committee or Reconsideration Committee.

30.4.3   An applicant seeking a review will lodge the request in writing with the Chief Executive Officer, and may provide additional material/documentation not previously submitted.

30.4.4   The Review Committee will consider:

30.4.4.1   All the original material and documentation.

30.4.4.2   All additional material and documentation supplied by the applicant.

30.4.4.3   Any additional material and documentation considered relevant by the Chairman.

30.4.4.4   Whether the principles of natural justice were followed when making the original decision, or reconsidering that decision.

30.4.4.5   The Chairman will, in addition, obtain information regarding the policy and procedures relevant to the decision.

30.4.5   Minutes of the hearing of the Review Committee shall be confined to a report listing the documentation presented and a report of the decision to the Committee making the original decision, if any.

30.4.6   Decisions of the Review Committee.

30.4.6.1   The decision made by the Review Committee shall be conveyed to the applicant in writing following the meeting.

30.4.6.2   The decision made by the Review Committee shall be conveyed to the original Committee in writing following the meeting.

30.4.6.3   The Review Committee is not required to furnish the applicant with reasons for the decision but, where changing the decision, should endeavour to provide reasons to the original Committee.

30.4.6.4   The applicant should be advised of the availability of Appeal and the College Appeals Process (refer Regulation 31).

Promulgated April 2006