Review and Appeals

Any individual adversely affected by a college decision that is inconsistent with CICM policy may make a request to the college CEO that a committee be formed to:

Reviewable Decisions

Decisions that can be appealed include:

  • Selection into training
  • Decisions of the:
    • Censor
    • Exam committee
    • Hospital accreditation committee
    • Supervisors of training progression decisions
    • Formal project assessment committee
    • Overseas trained specialists committee
    • Board with respect to:
      • Admission to fellowship
      • CPD activities
      • Financial status of fellows

Reconsideration Committee

Committee formed of the same people who made the original decision, which:

  • Is formed by the college CEO after written appellant appeal
  • Should be provided with any additional relevant information by the appellant
  • Will provide the appellant with a written decision, justifying the reasons
    • May be further appealed, which is performed by a review committee

Review Committee

Committee formed of different people to those who made the original decision, which will:

Natural justice are the principles of fairness and equity that should be upheld in legal and administrative proceedings, and include the right to:

  • Be heard
  • Receive a fair decision, based on impartial judgment
  • Consider:
    • All initial information
    • All additional information
    • The principles of natural justice
  • Provide a written decision to:
    • The appellant
      Does not have to include justification.
    • The original committee

Appeals Committee

Last resort, formed by the college CEO after they are satisfied that the appellant has exhausted all other avenues for reconsideration and review. The appeals committee:

  • Must be requested within 6 months of the decision
  • Places onus of proof on the appellant
  • Conforms on grounds of:
    • Error in law or due process
    • Relevant and significant information not properly considered
    • Original decision inconsistent with evidence and arguments put before the original decision maker
  • Consists of a:
    • Chair
      College vice-president or another board member.
    • Members
      • 2 FCICM
        ⩾1 with specialised knowledge of the subject matter.
      • 2 non-FCICM who are appropriately qualified
        ⩾1 a member of the legal profession.
      • No one who is party to the original decision
    • College CEO
      Acts as secretary.
    • College solicitor
      Acts as legal adviser.
  • Quorum requires chair and three other members
  • Chair exercises a casting vote if the vote is otherwise equal
  • Acts according to natural justice
  • Is not bound by rules of evidence, and may inform itself on any matter as it sees fit
  • Will give the appellant:
    • 21 days notice
    • A convenient location
      Same state or territory.
    • The right to appear, or have a representative appear
    • To request legal representation
    • A cost cap of $1000 AUD
  • Will produce a report to the Board with its recommendations, but no minutes
  • Decisions can include:
    • Sustaining the decision
    • Revoking the decision
      • In entirety
      • And refer to the board or relevant committee
      • And replace it with an alternative decision
    • Recommending waiver of costs to the appellant

References

  1. CICM. IC-23 Appeals, Review and Reconsideration Processes. 2016.