Approval Date: June 2013
Review Date: May 2016
Current Status: under review
Review By: Board
The Royal Australasian College of Medical Administrators (RACMA) has established this policy and procedure for the appeal of a decision made by College Committees of officers. This policy is made to support implementation of appropriate transparency and accountability in decision making by RACMA’s key committees.
This policy meets the requirements in the ACCC/AHWC Report to Australian Health Ministers, Review of Specialist Medical Colleges, July 2005.
This policy and procedure will apply to all cases for the appeal of a decision made by College Committees, Officers and Fellows in official College roles and/or College employees with specific delegations. Before convening an Appeals Committee, the CEO will ensure that both reconsideration and a review of the decision have been conducted. Such consideration does not constitute an appeal under this Policy. An Appeal is to be conducted in a manner consistent with the processes outlined below.
RACMA Constitution 2009
RACMA Policy Reconsideration, Review of a Decision by College Committees and officers
ACCC/AHWC Report to Australian Health Ministers, Review of Specialist Medical Colleges, July 2005
RACMA Code of Conduct
Chief Executive Officer
To evaluate applications for appeal of a decision of College Committees, Officers, Fellows in official College roles and College employees, and to determine the appropriateness of an appeal to the Review Committee. To act as Secretary to the Appeals Committee, and to maintain appropriate communications with the affected party and between the Appeals Committee, the Board/committee/officer and the affected party.
If the Chief Executive is the subject of appeal, the RACMA Board will nominate an alternative officer to undertake these responsibilities.
The Appeals process established by RACMA consists of two steps:
STEP 1 Application for appeal of a decision to the Chief Executive.
STEP 2 Establishment of an Appeals Committee for conducting of the review.
Application for Appeal
The decisions which may be reviewed by the Appeals Committee are:
Quorum and Voting
A Quorum for meetings of the Appeals Committee shall be the Chair and three (3) 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 Chair may exercise a casting vote.
Grounds for Appeal
An Appeal may be made only on one or more of the following grounds. That:
Consideration for Appeal
The applicant requesting reference of a decision to the Appeals Committee must state the grounds upon which the application for review is based.
The Appeal Committee must meet to hear an appeal within three (3) months of lodgement of the application for reconsideration.
At least twenty-eight (28) days before convening a hearing of the Appeal Committee, the Company Secretary shall advise the applicant in writing of:
An application for leave to have an advocate or to be legally represented before the Appeals Committee shall be considered by the Chair of the Appeals Committee whom, on behalf of the Committee, may grant or deny such leave. Without limiting the preceding sentence, the Chair of the Appeals Committee will grant such leave if the Chair considers that the applicant could not, or would be disadvantaged in his or her review if required to, present in person.
If an applicant is to be represented at the hearing the applicant must advise the Chair of the Appeals Committee in writing, at least seven (7) days before the date of the hearing, of the person by whom he/she is to be represented.
At least twenty-eight (28) days before convening a hearing of the Appeal Committee, the Company Secretary shall advise in writing the College Committee, Officer, Fellow in official College role and/or College employee whose decision is on dispute:
and shall supply to the College Committee, Officer, Fellow in official College role and/or College employee, a copy of the application and any materials or information upon which the applicant seeks rely.
The record of any findings and the decision made by the College Committee, Officer, Fellow in official College roles and/or College employee must be made available to the applicant and to the Appeals Committee at least fourteen (14) days before the hearing.
The Appeals Committee is entitled to consider all such relevant information it thinks fit and:
If the Appeals Committee proposes to have regard to additional information in reaching a decision, which has not been previously disclosed to the applicant, the College Committee, Officer, Fellow in official College role and/or College employee must make such information available to the applicant at least fourteen (14) days prior to the hearing. Further, the Appeals Committee must give notice to the applicant at least fourteen (14) days prior to the hearing of any persons it has invited to appear before it.
The Appeals Committee must act according to the rules of natural justice and is not bound by the rules of evidence but may inform itself on any matter and in such manner, as it thinks fit.
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.
Except where otherwise required by law, or otherwise determined by the Appeals Committee, the hearing of the Appeals Committee shall be sound recorded, but a written transcript, if any, and other information provided to the Appeals Committee shall be kept confidential and secure (save that information may be released with the consent of the applicant).
The Appeals Committee will issue a written decision within three (3) weeks of the Appeal hearing or within three 3 weeks of receiving written submissions after the hearing which ever is later.
The formal record of the Appeals Committee is confined to:
The applicant may give written notice to the Chair of the Appeals Committee at least fourteen (14) days prior to the hearing if he/she is unable to attend or obtain representation on the proposed date of the hearing at the time specified. If the applicant fails to notify the Chair at least fourteen (14) days prior to the hearing and fails to attend the hearing, the Appeals Committee has the right to dismiss the application.
The College may require an applicant lodging an application for referral of a decision to the Appeals Committee to pay a fee. The fee (if any) must be paid to the College before the Appeals Committee is convened. The Secretary of the Appeals Committee may waive payment of a fee in appropriate circumstances.
If an applicant’s appeal is successful, the College must refund any fee paid by the applicant for the Appeals Committee to hear the appeal.
An applicant shall be liable for all his/her own costs associated with attending the hearing including travel, accommodation, recording costs and other expenses.
Application for Review Form and Fees
Decisions of the Appeals Committee
An Appeals Committee may, upon considering all submissions:
In the event of an appeal of a decision in respect of a Candidate who has failed an examination, action open to the Appeals Committee is limited to:
All decisions of the Review committee are binding on the RACMA Board.
Appeals in relation to the process of examination, or the results of examinations, must be lodged with the College within 7 days of the date of notification of the outcome of the request for Review (Phase 2). Please refer to the Policy for Reconsideration, Review and Appeals against decisions made by the College officers and Committees.
Appeals concerning the process of the examination will not be considered on the grounds of:
Any further information concerning an aspect of the appeal process may be obtained by contacting the Chief Executive of RACMA at the following address:
The Chief Executive
The Royal Australasian College of Medical Administrators
1/20 Cato Street Hawthorn East, VIC 3123