Registrar Clinical Appeals Guidance Document


1.0 Introduction

This guidance document provides further information on the appeals procedures related to the RACGP’s Registrar Clinical Appeals Policy, to be read in conjunction with the AGPT Appeals Policy 2017.

2.0 Definitions

AGPT Program means the Australian General Practice Training Program.

AGPT registrar means a registrar registered under section 3GA of the Health Insurance Act 1973 in the Australian General Practice Training Program.

Clinical practice means a GP registrar’s clinical work with patients.

Appeals process means the process by which the RACGP reconsiders the matter under dispute afresh, including facts and policy aspects of the RTO’s decision, determines whether the appeal should be upheld or rejected, and makes a recommendation to DoH.

Primary decision means the original decision affecting an AGPT registrar.

Primary decision maker means any employee of the RTO who makes a primary decision.

SMAEP means the RACGP Senior Medical Advisor, Education Progression.

3.0 Guidance

3.1 Initiating an appeal

3.1.1 Access to an appeal is available only when all actions to resolve the issue(s) have been exhausted, in accord with the RTO’s dispute resolution policy and procedures.

3.1.2 If the registrar is not satisfied with the final outcome, an appeal of the decision may be applied for.

To initiate this process, the registrar must apply to the Department of Health, in accordance with AGPT Appeals Policy 2017.

3.1.3 An application for an appeal of a clinical practice decision that was made by an RTO must be lodged with the Department of Health within 20 days of receiving notification of the RTO’s decision.

3.2 Assessment for relevance

3.2.1 The Department of Health will assess the application and determine if it is of a clinical nature. If it is determined to be of a clinical nature, the Department of Health will refer the application to the RACGP for review.

3.2.2 The SMAEP will assess the application and determine if:

3.2.2.1 The matter is to be heard under the RACGP Registrar Appeals Policy; and

3.2.2.2 The application contains all required information; or

3.2.2.3 The application is found to have no grounds for appeal.

3.2.3 Where a registrar has been reported to Australian Health Practitioner Regulation Agency (AHPRA) under the mandatory notification arrangements, the RACGP will await the outcome of the AHPRA review process prior to granting a review under the RACGP Registrar Clinical Appeals Policy.

3.2.4 If the application for appeal:

a. Has been assessed as having grounds; and

b. The AHPRA review process has been finalised,

The RACGP will forward the matter to the Appeals Panel.

3.3 Appeals Panel

3.3.1 The RACGP Appeals Panel is established under this policy to make a recommendation to the Department of Health with respect to an AGPT registrar’s application for appeal.

3.3.2 The Appeals Panel will be convened by the CEO (or delegate). The composition of the Appeals Panel will be specific to the matter being appealed and will comprise the following members:

1. “Chair” a Fellow who is a member of RACGP Council

2. one Fellow of the RACGP familiar with the general operations of the RACGP related to the decision

3. one RACGP representative familiar with the general operations of the RACGP related to the decision

4. one independent person who is not a member of the RACGP.

The RACGP is committed to avoiding any conflicts of interest in the consideration of appeals. The Appeals Panel will not include any individual who was involved in the original decision, or the reconsideration of the decision. RACGP’s Conflict of Interest Policy .

3.3.3 The Appeals Panel may, at their discretion, hear from other persons whose experience or knowledge is pertinent to the decision.

3.3.4 The RACGP will make funding available for registrars to attend the Appeal Panel determining the outcome of their appeal. This will include a maximum of $2000 for travel and accommodation expenses to be negotiated with the RACGP by the individual registrar. The option for participation by teleconference will be made available if preferable.

3.4 Decision of the Panel

3.4.1 The Appeals Panel will review the evidence provided and make a recommendation either to:

3.4.1.1 Reject the appeal, or

3.4.1.2 Uphold the appeal with recommendations.

3.4.2 The proceedings of the Appeals Panel will be recorded in writing as minutes.

3.4.3 The decision of the Appeals Panel will be final. No further correspondence will be entered into.

3.5 Notification of outcome

3.5.1 The review/appeal process has a maximum period of 30 business days from the receipt of the application from the Department of Health.

3.5.2 The Department of Health will be informed in writing of the RACGP’s recommendation within five national office business days of that recommendation being made.

3.5.3 The Department of Health will make a decision based on the recommendations of the RACGP Appeals Panel and will inform the registrar and the relevant RTO.

4.0 References

Registrar Clinical Appeals Policy

AGPT Appeals Policy 2017


Enquiries

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 racgpeducation@racgp.org.au