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In my opinion, here are the top 10 items that Health Professionals need to know about Discipline Committee hearings:
- If a matter is referred to the Discipline Committee, the allegations will appear on the public register until a Decision and Reasons is issued;
- Colleges will proceed to a Discipline Committee hearing even if the Health Professional resigns or otherwise does not participate in the discipline process;
- Before negotiating a resolution, it is imperative to be aware of penalties imposed in recent, similar cases before the College in question;
- If a matter is resolved on consent, legal counsel for the parties will prepare an Agreed Statement of Facts and a Joint Submission on Penalty and Costs. Legal counsel for the College will typically prepare the first draft;
- All matters must appear before the Discipline Committee, regardless of whether a matter is proceeding on consent or on a contested basis;
- Absent exigent circumstances, Discipline Committees will typically approve settlements proposed by counsel for the parties;
- If a Health Professional is found guilty of professional misconduct, they will be exposed to a penalty and a costs award. Costs awards vary widely as between Colleges and are significantly higher if a matter proceeds via a contested hearing;
- Absent publication bans, Discipline Committee hearings are typically open to the public;
- At present, most Colleges are conducting Discipline Committee hearings virtually; and
- All findings of professional misconduct are posted on the public register, where they typically remain indefinitely.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
