Northern Health is committed to providing a fair, transparent and supportive process for addressing concerns raised by junior doctors. The appeals process outlines the mechanisms available to seek review of decisions relating to performance assessments, rostering matters and interpersonal issues, ensuring procedural fairness and timely resolution. Additional grievance and complaints processes are supported through relevant Northern Health policies available on PROMPT.

Excerpt from the HR – Medical Staff – Junior Medical Workforce policy 

APPEALS PROCESS FOR JUNIOR MEDICAL STAFF – this procedure provides information regarding grounds for appeal for performance, behaviour and professional misconduct for junior medical staff at Northern Health.

Appeals Process
All allegations of performance, behaviour or professional misconduct are investigated and managed with principles of procedural fairness and natural justice.

Procedural Fairness
a) Notice and sufficient information is provided to the affected staff to understand the investigation and appeals process
b) The affected staff is provided with an appropriate forum to present his/her views and to be heard
c) An impartial and unbiased consideration is made
d) Decisions are made within reasonable timeframes
e) Clear and appropriate reasons for decision are provided

Grounds for Appeal
1. There must be demonstrable evidence of one or more of the following grounds of appeal:
a) An error occurred in the original decision-making process;
b) Relevant and significant information available to the original decision-maker was not properly considered or incorrect information was considered; or
c) The original decision was made for an improper reason

Appeal applications
1. Staff who remains dissatisfied with the Original Decision after reconsideration may apply for a formal appeal of the decision.
2. The application for appeal must:
a) Be made in writing to the office of the CMO;
b) Include full details of the grounds for appeal;
c) Include copies of any documents and records upon which the appellant seeks to rely

Appeals Panel
1. The Appeals Panel consist of:
a) Chief Medical Officer or delegate
b) Director of training/education or Director of Legal Services
c) One or more members of senior medical staff
None of whom participated in the original decision making.

Notification of hearing and submissions
At least two (2) weeks prior to a hearing of the Appeals Panel, the CMO will notify the appellant and the original decision maker in writing of:
a) The date, time and place of the hearing;
b) The right of the Appellant to appear before the appeals committee;
c) The right of the Appellant to have a support person present;
d) The right of the Appellant to submit a request that they be accompanied by a legal representative to act as an advisor; and
e) At least 1 week prior to the hearing of the appeal, the Original Decision-maker will provide CMO with written submissions and copies of any documents and records relevant to Original Decision, being the subject of the appeal. A copy of submission will be made available to the Appellant.

Conduct of Appeal
The Appeals Panel will decide each appeal on its merits and the rules of procedural fairness may guide its   consideration. In all cases, the decision of the Appeals Panel is final. The Appeals Panel may, upon considering all submissions:
a) Confirm the Original Decision which is the subject of the appeal;
b) Revoke the Original Decision and refer the Original Decision to an appropriate Northern Health body for further consideration;
c) Revoke the Original Decision and refer the Original Decision to an appropriate external body or authority; and/or
d) Revoke the Original Decision and make an alternative decision.

Notification of Outcome
1. Northern Health aims to complete the appeals committee process within eight (8) weeks.
2. The Appeals Panel shall issue a written decision, with reasons for the decision, as soon as practicable after the completion of the appeal hearing. This decision shall be communicated to the Appellant and to other relevant parties.

The full policy can be found on PROMPT HR – Junior Medical Workforce PROMPT policy (page 17) – intranet only

Assessment Review Panel (ARP) – Terms of Reference 

The Panel will:

  1. Identify prevocational doctors that require improving performance strategies early in the academic year
  2. Provide feedback and support to the prevocational doctor to meet the standard where improving performance strategies are required
  3. Provide information to assist in the appeals of assessments process

Process following Assessment Review Panel meetings where there is a delay to progression 

 Feedback to the prevocational doctor should be provided where specific feedback is felt warranted to support continued professional development.  

Feedback must be provided in instances where the recommendation has been to delay the progression of the prevocational doctor. Where the panel recommends a delay to the progression of the prevocational doctor, the panel must provide clear advice to the prevocational doctor about what is required to meet the requirements and progress in the future.  

Method

  • Provide prevocational doctor with a written summary of the decision in the form of a templated letter- uploaded into the e-portfolio 
  • Face to face meeting in a private setting. The prevocational doctor will have the option to bring a support person.
  • Provide the prevocational doctor with a written record of the face-to-face meeting.
  • Provide specific feedback with examples for areas for improvement and recommendations for a process of remediation to meet the required standard.
  • Provide clear documentation of the remediation plan (IPAP) 
  • Provide timely feedback as soon as possible after the panel decision. Provide wellbeing support person in face-to-face discussions- internal vs external support options available for the prevocational doctor 

Where there are strategies for improving performance required to support the prevocational doctor, the panel will liaise with the medical workforce unit to: 

  • Review rotation planner
  • Review suitability for next rotation
  • Review appropriate level of supervision and night shift requirements  

Informing the Term Supervisor 

  • Principle: consent by prevocational junior doctor for sharing of information is required 
  • Inform current Term Supervisor where required 
  • Inform next Term Supervisor where required to provide the additional support to achieve the remediation 
  • Consider informing next hospital where there are significant concerns about the standard of the prevocational Doctor 

Grounds for appeal

1. There must be demonstrable evidence of one or more of the following grounds of appeal:
a) An error occurred in the original decision-making process
b) Relevant and significant information available to the original decision-maker was not properly considered or incorrect information was considered; or
c) The original decision was made for an improper reason
d) Established procedures or processes not followed

For a full copy of the ARP Terms of Reference email: Northern Doctors Education or 8468 0758.

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