SCHEDULE 5 - Membership and Procedures of Medical Advisory Committees

Clause 6 of Part 2 of Schedule 1

1.    Membership

(1) Unless otherwise approved by the Secretary, a medical advisory committee is to consist of at least 5 medical practitioners.

(2) The Secretary may approve a committee as a medical advisory committee that does not comply with the requirements of subclause (1) if the Secretary thinks fit to do so, after taking into account the relevant facility and the treatment performed.

(3) Despite subclauses (1) and (2) , a medical advisory committee must include one member who has no pecuniary interest in the facility.

(4) In addition to the members specified in subclauses (1) and (2) , the medical advisory committee may include nominees or representatives of other health care providers, academic institutions or other relevant professional organisations.

2.    Procedure of medical advisory committee

(1) The medical advisory committee is to meet as often as is necessary to effectively perform its responsibilities and functions.

(2) A medical advisory committee may co-opt any person having any desirable expertise but any such person is not entitled to vote.

(3) A medical advisory committee is to review at least once in each period of 5 years the credentials and scope of clinical practice of each medical practitioner and dentist appointed to the private hospital or day-procedure centre.

(4) A member must not participate in any deliberation or decision of the committee in respect of a practitioner if grounds might exist for a reasonable apprehension that the member might not bring a fair and unbiased mind to the issue before the committee.

(5) In the circumstances referred to in subclause (4) the member concerned must declare the facts of the matter to the chairperson who must then decide whether or not the member should participate in any deliberation or decision of the committee.

(6) A decision of the committee is to be subject to appeal as follows:

(a) in the first place the committee is to review its own decision;

(b) if the decision is unchanged, any person aggrieved by the committee’s decision may appeal to the appeals committee, established for the purpose by the private hospital or day-procedure centre, which may either confirm or overturn the original decision.

(7) A quorum of the committee is to consist of a majority of members, one of whom must be the chairperson or his or her nominee.

(8) If the clinical director is not able to attend the meeting, he or she must provide comments in writing on the relevant matter.

(9) The scope of clinical practice of any medical practitioner or dentist is to be determined by reference to his or her credentials and any recommendation of a selection committee appointed for the purpose.

(10) If the Secretary is satisfied that, owing to special circumstances, the committee as constituted in accordance with this Schedule –

(a) may be perceived to be biased in respect of any issue to be determined; or

(b) is otherwise unsuitable to determine any issue –

the membership of the committee may instead consist of not less than 5 and not more than 9 persons appointed by the Secretary for the purposes of considering and determining that issue.

3.    Procedural fairness

The medical advisory committee is to observe the rules of procedural fairness.

4.    Voting

A decision of the medical advisory committee is to be determined by a majority of the members present and voting and, if the votes on any matter before the committee are equal, the matter is to be determined in the negative.

5.    Record of decisions

The medical advisory committee must keep a record of all its decisions including the reasons and evidence on which they are based.