The Constitution of the College allows the Council to terminate or suspend Fellowship of the College.  The Constitution also allows the Council to make, vary and rescind such Regulations as the Council may deem necessary, expedient or convenient for the proper conduct, management and regulation of the affairs of the College.

Article 33 of the Constitution of the College provides:-
"A Fellow who has been suspended or expelled under the Constitution may be reinstated as a Fellow at the discretion of the Council and upon such terms and conditions as the Council may in its absolute discretion, determine".

These Regulations relate to the reinstatement of the rights and privileges of Fellows of the College under Article 33 as well as reinstatement of individuals whose Fellowship may have lapsed or ceased for other reasons (including cessation under Article 26).

29.1   Definitions and Interpretation

29.1.1   In these Regulations:

29.1.1.1   “Regulations” means these Regulations, as may be in force for the time being;

29.1.1.2   “Clause” means a clause of these Regulations; and

29.1.1.3   “Constitution” means the Memorandum and Articles of Association of ANZCA, for the time being in force.

29.1.2   Unless the contrary intention appears in these Regulations:

29.1.2.1   where a word or phrase is defined in the Constitution the word or phrase has the same meaning throughout the these Regulations;

29.1.2.2   words importing the singular include the plural, and words importing the plural include the singular; and

29.1.2.3   words used to denote persons generally or importing a natural person include any company, corporation, body corporate or other body (whether or not the body is incorporated).

29.1.3   In these Regulations, headings and boldings are for convenience only and do not affect its interpretation.

29.1.4   In the event of an inconsistency between these Regulations and the Constitution, the Constitution will prevail to the extent of the inconsistency.

29.2   Name

The name of the these Regulations is the Reinstatement Of Fellowship Regulations ("Reinstatement Of Fellowship Regulations").

29.3   Power and Operative Effect

29.3.1   Subject to the provisions of the Constitution, the Council has the power from time to time to make, amend and repeal such Regulations as it deems necessary, expedient or convenient for the proper conduct, management and regulation of the affairs of the College.

29.3.2   These Regulations shall come into operation on the date they are approved and adopted by the Council.

29.4   Application for Reinstatement of Fellowship

29.4.1   Any individual whose Fellowship has ceased or has been suspended, or expelled may apply to have such suspension lifted or be reappointed or reinstated to Fellowship.

29.4.2   Without limiting the requirements under the Constitution, an applicant who has been suspended or expelled must at the time of making an application:

29.4.2.1   provide the Council with a written statement that:

29.4.2.1 (a)   includes a detailed account of the conduct and practice of the applicant since the time of suspension, termination or expulsion;

29.4.2.1 (b)   specifies any mitigating circumstances at the time of the offence, event or matter to which the suspension, termination or expulsion related;

29.4.2.1 (c)   specifies any punishment imposed by the Court or other regulatory body, together with its secondary effects, in connection with the offence, event or matter to which the suspension, termination or expulsion related;

29.4.2.1 (d)   specifies any efforts made by the applicant for restitution of property (if the suspension, termination or expulsion related to the misappropriation of monies or property);

29.4.2.1 (e)   is supported by evidence of remorse, contrition and acceptance of responsibility for the offence, event or matter to which the suspension, termination or expulsion related; and

29.4.2.1 (f)   states why in the applicant’s opinion, the applicant should be readmitted to Fellowship; and

29.4.2.2   agree in writing to pay to the Council the reasonable costs and expenses of their reinstatement and the application.

29.4.3   For an application under clause 4.2, the Council may:

29.4.3.1   seek or obtain any other information, records or reports from any other person, body or institution relevant to the application as the Council thinks appropriate. A copy of such information, records or report shall be supplied to the applicant for comment (on an identified or de-identified basis as the Council thinks appropriate);

29.4.3.2   convene, or seek to convene, a meeting with any applicant seeking reinstatement. Any such meeting shall be held and conducted on such terms and conditions as the Council determines from time to time; and/or

29.4.3.3   notify an applicant of the grounds upon which their application has been rejected or accepted.

29.4.4   If the Council convenes a meeting pursuant to clause 4.3.2, the Council must:

29.4.4.1   place before the meeting details of the application;

29.4.4.2   give the applicant an opportunity to be heard; and

29.4.4.3   give due consideration to any written statement submitted by the applicant,
and no business other than the question of the application for reinstatement shall be transacted.

29.4.5   The decision of the Council in connection with an application for reinstatement will be final, conclusive and binding.

29.4.6   An applicant for reinstatement whose Fellowship has lapsed or ceased for any reason other than as provided by clause 4.2, may apply in writing and may be required to:

29.4.6.1   provide such further information as the Council may require, (including details of work history, experience, research and employment positions since his or her Fellowship lapsed or ceased);

29.4.6.2   pay any outstanding fees or levies as the Council requires; and

29.4.6.3   pay any additional fee as the Council may specify.

29.4.7   Any applicant whose Fellowship is reinstated must comply with the Constitution and this Regulation, as well as any additional requirements or conditions imposed by the Council at the time of reinstatement and which attach to the applicant on being readmitted to Fellowship.

29.4.8   Without limiting clause 4.7 the Council may reinstate an individual to Fellowship for a probationary period or subject to any conditions which the Council thinks appropriate.

29.5   Delegation

The Council may delegate its powers (including powers under this Regulation) to deal with any application for reinstatement to any committee (of members of the Council, Fellows or other persons) as the Council may determine. Any decision of such committee shall be subject to ratification by the Council. 

29.6   Powers Under Constitution

These Regulations do not limit, vary or revoke any power or authority conferred on the Council, or any committee of the Council, under the Constitution.

29.7   Amendments to These Regulations

These Regulations may be added to, amended and repealed in accordance with the Constitution.

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