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

Accordingly, references to office bearers, Fellows, Councils, Boards and Committees apply equally to office bearers, Fellows, Councils, Boards and Committees of the College, Divisions, Faculties and Chapters, unless otherwise indicated.

College Appeals Process
It is expected that persons will lodge a formal appeal only as a last resort. Before convening the Appeals Committee, the Chief 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 is satisfied that the applicant has exhausted all other avenues of reconsideration and review of the relevant decision.

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 Board/Committee has had the opportunity to receive and consider all relevant information.

Grounds Of Reconsideration and Review
1. Any person who is dissatisfied with 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 the document College Appeals Process.
2. The decisions which may be reconsidered or reviewed are:
  2.1. 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).
  2.2. Decisions of Boards and Committees in relation to applications for admission to Fellowship.
  2.3. 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).
  2.4. 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.
  2.5. Decisions of the Board of Continuing Education or the Maintenance of Professional Standards Committee in relation to participation in the MOPS Program and awarding of the MOPS Certificate.
  2.6. 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.
  2.7. Decisions of the Honorary Treasurers in relation to the financial status of Fellows, trainees or other persons.
  2.8. 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.
Reconsideration Committee
3. A reconsideration of a decision is undertaken by the same Committee which made the original decision.
  3.1. The applicant for a reconsideration should apply in writing to the Chairman of the Committee stating reasons for the request, and furnishing the Chairman with any additional material considered relevant to the decision.
  3.2. The Committee will convene as the 'Reconsideration Committee' either at its next scheduled meeting or by special arrangement.
  3.3. The 'Reconsideration Committee' will consider:
    3.3.1. all the original material and documentation;
    3.3.2. all additional material and documentation supplied by the applicant;
    3.3.3. any additional material and documentation considered relevant by the Chairman.
  3.4. 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.
  3.5. Decisions of the Reconsideration Committee:
    3.5.1. The decision made by the 'Reconsideration Committee' shall be conveyed to the applicant in writing following the meeting.
    3.5.2. Where possible, the 'Reconsideration Committee' should endeavour to provide the applicant with reasons for the decision.
    3.5.3. The applicant should be advised of the opportunity for review of the decision should he/she be dissatisfied with the decision.
Review Committee
4. A review of a reconsidered decision is undertaken by the Committee which oversees the Committee making the original decision, or their nominees acting on their behalf.
  4.1. 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'.
  4.2. An applicant seeking a review will make the request in writing and may provide additional material/documentation not previously submitted.
  4.3. The 'Review Committee' will consider
    4.3.1. all the original material and documentation;
    4.3.2. all additional material and documentation supplied by the applicant;
    4.3.3. any additional material and documentation considered relevant by the Chairman.
    4.3.4. the Chairman will, in addition, obtain information regarding the policy and procedures relevant to the decision.
  4.4. 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.
  4.5. Decisions of the 'Review Committee'
    4.5.1. The decision made by the 'Review Committee' shall be conveyed to the applicant in writing following the meeting.
    4.5.2. The decision made by the 'Review Committee' shall be conveyed to the original Committee in writing following the meeting.
    4.5.3. 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.
    4.5.4.

The applicant should be advised of the availability of Appeal and the College Appeals Process.



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This page was last edited: 16 September 2003