Requirements for Physician Training 2004 - Adult Internal Medicine: Advanced Training

General Information
College Mediation (cont.)
College Appeals Process
Preamble
The following Appeals Process is expressed in terms appropriate to the College, however, it is to apply throughout the College, its Divisions, Faculties and Chapters.

The Appeals Committee reports to the Board of the College.

Persons may only lodge appeals with the College Appeal Committee after reconsideration and review.

Reconsideration and Review of Decisions
Before convening the Appeals Committee, the Chief Executive Officer must be satisfied that the applicant has exhausted all other avenues of reconsideration and review of the relevant decision.

The processes of Reconsideration and Review are detailed in the document Reconsideration and Review Processes.

Appeals Committee

1.	An Appeals Committee convened by the Chief Executive Officer, will comprise of the following members:
	Chairman:	The President-elect of the College or a Fellow appointed by the Board.
	Members:	The immediate Past-President of the relevant Divisional Council, or the Faculty and Chapter Education Committee (as appropriate), or another previous member of such Committee or another Fellow appointed by the Board. A Fellow of the College (from a specialty not involved in the subject matter of the appeal). Two other appropriately qualified persons who are not Fellows of the Collge, of whom one will be a member of the legal profession.

2.	The Appeals Committee will not comprise any individual who was party to the decision of the College to which the appeal relates.
3.	The Chief Executive Officer and the College Solicitor shall be the Secretary and Legal Adviser respectively to the Appeals Committee, but shall not form part of the Appeals Committee.
4.	A quorum for meetings of the Appeals Committee will be the Chair person and three other members. All members of the Appeals Committee shall be entitled to vote on decisions. The Appeals Committee shall decide on the basis of a majority vote. In the event of an equality of votes, the Chairman may exercise a casting vote.
Grounds of Appeal
5.	Any person adversely affected by a decision referred to below who, after reconsideration and review of that decision is still adversely affected by that decision, may, within three months of receipt of the outcome of the review, appeal to the Appeals Committee.
6.	A request for appeal is to be in writing to the Chief Executive Officer asking that the Chief Executive Officer convene the Appeals Committee, and must be accompanied by all relevant information or grounds upon which the person seeks to rely in respect of the appeal.
7.	The decisions which may be reviewed by the Appeals Committee are:
	7.1.	Decisions in relation to the assessment of progress of trainees of the College, Faculties and Chapters (including admission, dismissal or recognition of training).
	7.2.	Decisions in relation to applications for admission to Fellowship.
	7.3.	Decisions in relation to applications from overseas trained doctors 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).
	7.4.	Decisions in relation to examinations or training undertaken by overseas trained doctors for assessment as set out above.
	7.5.	Decisions in relation to participation in the CPD Program and awarding of the CPD Certificate.
	7.6.	Decisions in relation to accreditation for training of hospitals, units, teaching centres or supervisors.
	7.7.	Decisions in relation to the financial status of Fellows, trainees or other persons.
	7.8.	Such other decisions as the Board may permit or determine from time to time.
8.	An appeal may only be made on one or more of the following grounds:
	8.1.	That an error in law or in due process occurred in the formulation of the original decision.
	8.2.	That relevant and significant information was not considered or not properly considered in the making of the original decision.
	8.3.	That the original decision was clearly inconsistent with the evidence and arguments put before the body making the original decision.
	8.4.	That the original decision was clearly inconsistent with College policy.
9.	In any appeal, the applicant will have the onus of proof to establish the grounds of the appeal.
Consideration of Appeals
10.	An applicant has the right to appear and address the Appeals Committee in relation to his or her submissions. The applicant may be accompanied by another person but shall not be entitled to have an advocate or be legally represented before the Appeals Committee, unless the Appeals Committee has given its prior consent.
11.	At least 21 days prior to the convening of the Appeals Committee hearing the Chief Executive Officer will advise the applicant of:
	11.1.	The date, time and place of the hearing.
	11.2.	The right of the applicant to appear before the Appeals Committee, to be accompanied by another person and to seek leave to have legal representation.
	11.3.	An estimate of the costs of the Appeal which may be incurred by the applicant.
12.	An applicant who seeks leave to be legally represented will need to present arguments as to why permission should be granted. Whenever possible, the Chairman of the Appeals Committee shall consult with the other members of the Committee and determine whether consent should be given, prior to the meeting of the Appeals Committee. When such a determination cannot be made in advance, the Appeals Committee shall determine the matter at the hearing as its first item of business.
13.	The Appeals Committee must act according to the rules of natural justice and decide each appeal on its merits. The Appeals 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.
14.	The Appeals 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.
15.	The Appeals Committee shall conduct its affairs with as little formality as possible but otherwise, subject to these rules, shall have full power to regulate its conduct and operation.
16.	Except where otherwise required by law or otherwise determined by the Appeals Committee, a transcript of the hearing of the Appeals Committee and other information provided to the Appeals Committee will be kept confidential (save that information may be released with the consent of the applicant, and information will be released in the Appeal Committee’s report to the Board. Board documents remain confidential).
17.	Minutes of hearings of the Appeals Committee shall be confined to a report of the decision made by the Appeals Committee and its recommendations, if any, to the Board.
18.	The Board may require that, before convening an Appeals Committee, the applicant pay a fee of such amount as the Board determines. In the absence of a decision of the Board to the contrary, an applicant shall be liable for the costs associated with the convening of the Appeals Committee (including travel, accommodation, honoraria, recording costs, etc.). The Appeals Committee may recommend to the Board that some or all of the costs be waived.
19.	The Chief Executive Officer may delegate his/her powers and duties in respect of any appeal to such persons as he/she determines.
Decisions of the Appeals Committee
20.	An Appeals Committee may, upon considering all submissions:
	20.1.	Confirm the decision which is the subject of the appeal.
	20.2.	Revoke the decision which is the subject of the appeal.
	20.3.	Revoke the decision and/or refer the decision to the relevant Committee for further consideration (upon such terms or conditions of the Appeals Committee may determine).
	20.4.	Revoke the decision and/or replace it with such other decision as it thinks fit.
	20.5.	Recommend to the Board whether part or all of the costs associated with the Appeals Committee should be waived.

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