| 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 Chairman 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. |
| 5. |
Any person adversely affected by a decision referred
to below, may, within three months of receipt of notice of such decision,
apply to the Chief Executive Officer to have the decision reviewed
by the Appeals Committee. Such application shall be in writing and
accompanied by all relevant information or grounds upon which the
person seeks to rely in respect of the review. |
| 6. |
The decisions which may be reviewed by the Appeals Committee
are: |
| |
6.1. |
Decisions of the Boards of Censors, the Committees for
Examinations, the Committees for Physician Training or Specialist
Advisory Committees, in relation to the assessment of progress of
trainees of the College, Faculties and Chapters (including admission,
dismissal or recognition of training). |
| |
6.2. |
Decisions of Boards and Committees in relation to applications
for admission to Fellowship. |
| |
6.3. |
Decisions of the Boards of Censors 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). |
| |
6.4. |
Decisions of Committees for Examinations or the Committees
for Physician Training in relation to examinations or training required
by the Board of Censors to be undertaken by overseas trained doctors
for assessment as set out above. |
| |
6.5. |
Decisions of the Boards of Continuing Education or their
subcommittees in relation to participation in the MOPS Program and
awarding of the MOPS Certificate. |
| |
6.6. |
Decisions of the Boards and Committees of the College,
Faculties or Chapters in relation to accreditation for training of
hospitals, units, teaching centres or supervisors. |
| |
6.7. |
Decisions of the Honorary Treasurers in relation to
the financial status of Fellows, trainees or other persons. |
| |
6.8. |
Such other decisions of the College, its Faculties or
Chapters and their Boards or Committees, as the Council may permit
or determine from time to time. |
| 7. |
An appeal may only be made on one or more of the following
grounds: |
| |
7.1. |
That an error in law or in due process occurred in the
formulation of the original decision. |
| |
7.2. |
That relevant and significant information was not considered
or not properly considered in the making of the original decision. |
| |
7.3. |
That the original decision was clearly inconsistent
with the evidence and arguments put before the body making the original
decision. |
8.
|
In any appeal, the applicant will have the onus of proof
to establish the grounds of the appeal. |
| Consideration of Appeals |
| 9. |
An applicant to the Appeals Committee shall have 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. |
| 10. |
At least 21 days prior to the convening of the Appeals
Committee hearing the Chief Executive Officer will advise the applicant
of: |
| |
10.1. |
The date, time and place of the hearing. |
| |
10.2. |
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. |
| |
10.3. |
An estimate of the costs of the Appeal which may be
incurred by the applicant.
|
| 11. |
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.
|
| 12. |
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. |
| 13. |
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. |
| 14. |
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. |
| 15. |
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 shall be kept confidential (save that information may be
released with the consent of the applicant and a report of the Appeals
Committee hearing may be issued by the Appeals Committee to the Council
and/or published by the Council as the Council thinks fit). |
| 16. |
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 Council. |
| 17. |
The Council may require that, before convening an Appeals
Committee, the applicant pay a fee of such amount as the Council determines.
In the absence of a decision of the Council 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 Council that
some or all of the costs be waived. |
| 18. |
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 |
| 19. |
An Appeals Committee may, upon considering all submissions: |
| |
19.1. |
Confirm the decision which is the subject of the appeal. |
| |
19.2. |
Revoke the decision which is the subject of the appeal. |
| |
19.3. |
Revoke the decision and/or refer the decision to the
relevant Board or Committee for further consideration (upon such terms
or conditions of the Appeals Committee may determine). |
| |
19.4. |
Revoke the decision and/or replace it with such other
decision as it thinks fit. |
| |
19.5. |
Recommend to the Council whether part or all of the
costs associated with the Appeals Committee should be waived. |
