1. RACGP Australian General Practice Training (AGPT) Program Appeals Policy
1.1 Policy number: CO-E-0031.0
1.2 Category: Education
1.3 Approval date: May 2020
1.4 Revision due date: May 2023
1.5 Unit responsible: Education Services
2. Policy declaration
The purpose of this policy is to provide access to an appeals process for Australian General Practice Training (AGPT) registrars challenging clinical and non-clinical decisions made by their Regional Training Organisations (RTOs) and/or the RACGP.
3.1.1 A Registrar who is dissatisfied with a clinical or non-clinical decision made by their RTO and/or the RACGP regarding their participation in or progression through the AGPT Program may appeal that decision to the RACGP. For further guidance on the types of decisions that can be appealed, please refer to the AGPT Appeals Policy 2020.
3.2.1 This policy provides for appeals to be conducted in accordance with procedures that promote fairness, openness and transparency and afford natural justice to all parties involved in the appeal process.
3.2.2 This policy must be read in conjunction with the AGPT Appeals Policy 2020.
3.3.1 An appeal of an RTO decision is available only when all actions to resolve the issue(s) at the RTO level have been exhausted, in accord with the RTO’s dispute resolution policy and procedures.
3.3.2 This policy applies to:
18.104.22.168 all registrars enrolled in, and who have commenced training in, the AGPT Program; and
22.214.171.124 all RTOs that are accredited by the RACGP to deliver the AGPT Program.
3.4 Matters out of scope of this policy
3.4.1 This policy does not apply to applicants seeking entry to the AGPT Program.
3.4.2 As stated in clause 3.4 of the AGPT Appeals Policy 2020, when appealing a decision made by their RTO, registrars can only appeal the decision of the RTO to which they are enrolled. They are unable to appeal:
126.96.36.199 the decision of another RTO to not accept a transfer from the registrar’s current RTO or Training Region; or
188.8.131.52 instances where they are on an approved temporary transfer to an RTO and then request a permanent transfer to remain with the RTO to which they temporarily transferred, which is declined by that RTO.
3.4.3 Registrars who wish to appeal a decision made by the RACGP in relation to their enrolment or participation in an RACGP Assessment or Examination may apply for reconsideration or appeal in line with the RACGP Reconsiderations and Appeals Policy.
- 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 decision has the same definition as in the Department of Health’s AGPT Appeals Policy 2020, and means a decision relating to a registrar’s clinical practice or competence.
- Clinical practice means a GP registrar’s clinical work with patients.
- Non-clinical decision has the same definition as in the Department of Health’s AGPT Appeals Policy 2020, and means a decision about a registrar’s participation in the AGPT Program that is not a clinical decision.
- Primary decision means the original clinical or non-clinical decision affecting an AGPT registrar.
- Primary decision maker means the body which made the primary decision. It can be the registrar’s RTO or the RACGP.
- RTO means Regional Training Organisation.
- Training Region has the same definition as in the Department of Health’s AGPT Appeals Policy 2020, and means an area defined by the Department of Health in Australia within which an RTO is required to deliver training to registrars enrolled on the AGPT Program.
5. Appeal process
5.1 Initiating an appeal
5.1.1 The registrar may initiate an appeal under this policy by submitting an AGPT Program Application – Appeal form to the RACGP. The registrar may attach supporting documentation, including any further evidence they would like to be considered. For further guidance on applying for appeal, please refer to the RACGP Australian General Practice Training (AGPT) Program Appeals Guidance Document.
5.2 Processing an appeal application
5.2.1 The RACGP will consider all facts and policy aspects of the primary decision based on the evidence that was available to the primary decision maker at the time of rendering the decision, and any further evidence provided by the registrar.
5.2.2 The RACGP may consider any additional evidence it deems relevant and appropriate, and seek additional advice from the RTO, the Department of Health, or other persons with experience or knowledge that is relevant to the appeal being considered. The registrar will be provided with copies of any additional evidence and afforded an opportunity to dispute or otherwise comment on the information contained therein before the RACGP determines the outcome of the appeal.
5.2.3 Based on the evidence provided, the RACGP will consider the application for appeal and decide to confirm, amend or overturn the primary decision. The RACGP may also make recommendations to the RTO.
5.2.4 As stated in clause 5.5.3 of the AGPT Appeals Policy 2020, depending on the circumstances, the RACGP may negotiate alternate arrangements with other RTOs to progress the registrar’s training.
6. Appeal outcome
6.1 Notification of the appeal outcome
6.1.1 The RACGP will notify the registrar and RTO of the appeal outcome within ten national office business days.
6.1.2 The RACGP’s determination is final, and the registrar is unable to appeal the outcome and/or recommendations of the appeal.
7. Related policies, documents and legislation
Department of Health policies related to the AGPT Program.
All related RACGP policies are available policy page.
8. Administrative procedures
8.1 Access to published policy
This policy will be available via the RACGP website.
8.2 Promulgation of published policy
Relevant staff members will be provided communications explaining the function and role of this policy.
8.3 Review of this policy
This policy will have a review cycle of three years.