Our processes and procedures
Following receipt of a complaint about a doctor practising in NSW, we consult with the Health Care Complaints Commission to decide which organisation will manage each complaint. Serious complaints which may result in a civil prosecution are investigated by the Commission. Complaints referred to the Council are managed through the health, performance or conduct pathways or a combination. The aim of the health and performance pathways is generally to protect the public from unsafe practice whilst supporting a practitioner with health or performance problems to return to unconditional practice. The conduct stream generally has a more disciplinary flavour and is more likely to result in the impositions of sanctions if the poor conduct is not corrected.
Depending on the pathway, a doctor may:
- be interviewed
- required to attend a medical examination
- have their knowledge and work skills assessed
The outcome of these assessments will determine the ongoing management of the doctor by the Council. Where no further action is required to protect the public, the matter is closed. However where the Council considers remedial action is required, possible actions include requirements for:
- education about specific aspects of practice
- treatment for a health condition
- ongoing testing for drug or alcohol use
The Medical Council may impose conditions on the practitioner's registration in order to give effect to these requirements.
In cases where the Council considers that urgent action is required to protect the public whilst investigation takes place, it may also suspend a practitioner's regisration. Suspension may also be considered in situations where it is in the public interest to do so.
The Council will monitor a doctor’s ongoing compliance with these any conditions imposed.
The complainant will be kept informed at key points of the process. Employers may also be notified of outcomes in certain circumstances.
Committees and panels
Council members are appointed to two or three sub committees which carry out the Council’s work. They include health, performance and conduct committees: These committees meet monthly to make decisions about individual practitioners being managed within the health, performance and conduct streams.
Other decision-making panels are comprised of medical and non-medical hearing members appointed by the Council. They include
- Impaired Registrant Panels: Assess whether a doctor’s health problem may affect his or her ability to practice and make recommendations.
- Performance Review Panels: Review a doctor’s performance .
- Professional Standards Committees: Independent from the Council, these disciplinary committees consider complaints which have raised an important issue of professional conduct. They may impose conditions and fines.
The Council's secretariat handles the Council's day to day work including co-ordinating and supporting hearings by the Council and its committees and panels, as well as monitoring doctors who have conditions placed on their registration. Secretariat staff are employed by the NSW Ministry of Health.
How we engage with our partners
The Medical Council works with regulatory partners and stakeholders in NSW and across Australia to protect the public by regulating registered doctors.
Together we manage complaints about the professional conduct, performance or health of doctors who practice in NSW. Some of the partners and stakeholders we work with include:
Australian Health Practitioner Regulation Agency
The Australian Health Practitioner Regulation Agency (AHPRA) works with the national boards of health professions within the National Registration and Accreditation Scheme. It registers health professionals in NSW, including medical practitioners and receives complaints and mandatory notifications which are then managed in NSW the HCCC and, in the case of medical practitioners, the Medical Council.
Health Care Complaints Commission
The Health Care Complaints Commission is an independent health complaints agency in NSW that investigates and prosecutes serious complaints about registered practitioners, unregistered health practitioners and health service providers, including hospitals. The Medical Council works in collaboration with the Commission to receive and manage complaints about registered doctors and registered medical students in NSW.
NSW Civil and Administrative Tribunal
The NSW Civil and Administrative Tribunal (NCAT) has powers to restrict a health practitioner’s registration through the imposition of conditions or, in the most serious cases, to suspend or cancel a doctor's registration. so he or she may no longer legally practise
NSW Ministry of Health
NSW Ministry of Health is the government department responsible for health services in NSW. The Health Professional Councils Authority (HPCA) is an executive agency within the Ministry which provides support services to NSW health professional councils, including the Medical Council.
Medical Board of Australia
The Medical Board of Australia works in partnership with AHPRA. The Board:
- sets the registration and professional standards that registered medical practitioners in Australia must meet, and
- makes decisions about registering individual doctors and holds them to account against national standards.
How we engage with the community
Because the Council exists to protect the public, engagement with the community is important to us. The input of community members of Council is important to ensure we continue to reflect community values and expectations. Council decision-We welcome your comments and feedback to identify opportunities for improvement in the way we do our work. We would be happy to hear from you if you have any suggestions, questions or concerns.We welcome your comments and feedback to identify opportunities for improvement in the way we do our work. We would be happy to hear from you if you have any suggestions, questions or concerns.making bodies normally include at least one non medical member to ensure that the patient perspective is taken into consideration and given due weight.
We receive and manage complaints to maintain high standards in the medical profession and to maintain public confidence in the delivery of health care in NSW. Our website enables the public to make complaints and provide us with feedback.
Engaging with the community is important to us. Our website enables the public to make complaints or provide us with feedback.
We work with stakeholder groups through public forums and presentations to talk about the work of the Council and to learn about the perspectives of others.
For more information or to make a suggestion, contact us.
We welcome your comments and feedback to identify opportunities for improvement in the way we do our work. We would be
We would be happy to hear from you if you have any questions or concerns about our work.