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POLICY AND PROCEDURE

APPEALS PROCESS

STAGE 1 – DESKTOP ASSESSMENT

STAGE 1 – APPEALS PROCEDURE

Practitioners assessed as not meeting the Stage 1 criteria are advised in writing outlining reasons why they have not met the required criteria, and further action available.  Actions may include:

  • Provision of additional documentation to demonstrate the criteria has been met.  This documentary evidence must be received within 12 months of the OTC mailing the results to be considered part of the initial application without attracting additional fees.

 

If the documentary evidence supports the required criteria, no appeal is required.

  • Appeal – all appeals must be in writing and clearly state the grounds for appeal.  Additional supportive information to address these grounds and to demonstrate how they may now meet the required criteria must be provided.

Appeals must be received within two years of the OTC’s advice to the practitioner of being unsuccessful.

STAGE 1 – GROUNDS FOR APPEAL

Practitioners are provided with clear guidelines on the application form for the Stage 1 assessment as to the information they must provide to demonstrate they meet the required criteria.  The main grounds for appeal are:

  • the practitioner may feel the information provided has been misinterpreted;
  • omission of relevant information by either the practitioner or other parties, such as the migration agent;
  • the practitioner believes there had been an error of process;
  • the practitioner completed occupational therapy training that was WFOT accredited but assessed as not comparable to an Australian degree by AEI-NOOSR;
  • the practitioner completed occupational therapy training that was assessed as being comparable to an Australian degree but was not WFOT accredited.

Other grounds for appeal will be considered on their individual merits.

All appeals that are upheld will trigger a review by the OTC Executive Officer with a report on the outcome to the OQAC.

 

 

STAGE 1 – LEVELS OF APPEAL

There are two levels of appeals:

  • Level 1 – Review by Appeals Panel of OQAC
  • Level 2 – Review by the Independent Appeals Panel (IAP)

 

LEVEL 1 – Review by Appeals Panel of OQAC

The purpose of this level is to ensure the appeal is considered by members of the OQAC, who have not been involved with the Stage 1 assessment.  The Level 1 Appeals Panel consists of four members of the OQAC, nominated by the OTC.  Nomination will be for three years, with a possible extension for a further three-year term.

If the practitioner is not satisfied with the outcome of the Stage 1 assessment, they may write to the Appeals Panel of the OQAC stating the grounds for their appeal and requesting a review of their application.  The letter intent to appeal should be received by the OTC within 12 (twelve) months of the OTC sending notification of the outcome of the Stage 1 assessment.

The appropriate fee should be included with their application.  Each fee allows one attempt at that level, and is not refundable.

The OTC Executive Officer will undertake an administrative review of the case, and provide a written report to the Appeals Panel of the OQAC outlining all communication with the practitioner and why the required criteria are not met.

The Appeals Panel will consider the original application and the Executive Officer’s report.

The appeal will be upheld if the Appeals Panel determines the required criteria have been met. The practitioner will be notified in writing within eight (8) weeks of the date of the OTC receiving the Level 1 appeal. This notification will be sent with the official letter of assessment for migration purposes.

If the required criteria are not met, the appeal will be rejected, and the practitioner will be notified in writing within eight (8) weeks of the date of the OTC receiving the Level 1 appeal.  The notification will include reasons for rejecting the appeal and the option of a Level 2 appeal.  Telephone feedback by a member of the OQAC will be conducted.  This is compulsory before progression to a Level 2 appeal.  The practitioner has six (6) months to apply for a level 2 appeal.

LEVEL 2 – Review by the Independent Appeals Panel (IAP)

The purpose of this level is to provide assessment independent of the assessing body, the OTC.  To progress to this level, the practitioner must pay the appropriate fee and ensure all information to be considered is provided with the Level 2 application.  Each fee allows one attempt at that level, and is not refundable.

The OTC convenes the IAP and nominates members as the need arises.  Membership is honorary, and the OTC Directors and OQAC members are not permitted to be IAP members.  The IAP consists of three members, namely:

  • a senior occupational therapist independent of the assessment procedure but familiar with occupational therapy education;
  • an overseas-trained health professional (not necessarily an occupational therapist);
  • a community member familiar with legal procedures or civil rights.

The OTC Executive Officer and Chairperson of the OQAC will provide technical advice as required.

All documentation concerning the original application and Level 1 appeal will be provided to the IAP.  The IAP will be asked to consider whether the practitioner has demonstrated they meet the required criteria, and that the assessment procedure has been applied correctly.

The appeal will be upheld if the IAP determines the required criteria have been met.  The IAP will document its reasons for decision, and prepare and sign a statement to be sent to the OTC.   The practitioner will be notified in writing within eight (8) weeks of the date of OTC receiving the Level 2 appeal.  This notification will be sent with the official letter of assessment for migration purposes.

If the required criteria are not met, the IAP will document its reasons for decision, and prepare and sign a statement to be sent to the OTC.  The practitioner will be notified in writing that their appeal has been rejected within eight (8) weeks of the date of the OTC receiving the Level 2 appeal.  The notification will include reasons for the decision.  The practitioner may request telephone feedback  from a member of the OQAC regarding further options.


 

 

APPEALS PROCESS

STAGE 2 – SUPERVISED PRACTICE AGREEMENT

There is no appeal process for this

part of the OTC supervised practice component

 

 

 

 

APPEALS PROCESS

STAGE 2 – SUPERVISED PRACTICE

STAGE 2 – APPEALS PROCEDURE

In cases where the practitioner has not achieved the required level of competence within 12 months, or the practitioner has been non-compliant with the reporting requirements of the Stage 2 period of supervised practice, the OQAC will have the option of ending the supervision period and determining that the Certificate of Practical Completion should not be issued.  The OTC Executive Officer will notify the OTBA of this decision.

The practitioner will be advised of this decision in writing.  The notification will contain details of and reasons why the competencies have not been achieved, or details regarding the decision to withdraw supervised practice due to non-compliance.  Details advising further action available, including appeal, will also be provided.

All appeals must be in writing and state clearly the grounds for appeal.  Additional supportive information to address these grounds and to demonstrate that competencies have been met must also be provided.

Written appeals must be received within 10 (ten) weeks of OTC mailing the notification.

STAGE 2 – GROUNDS FOR APPEAL

Practitioners are provided with clear guidelines regarding the required outcome of the period of supervised practice in order for it to be considered successfully completed.   The main grounds for appeal are:

  • practitioners may feel  the information provided by the supervisor has been misinterpreted, or the supervisor has omitted relevant information in the supervised practice assessment;
  • the practitioner disagrees with the supervisor or the OQAC in the decision regarding the unsuccessful completion of the period of supervised practice, or reasons for non-compliance with reporting requirements.

Other grounds for appeal will be considered on their individual merits.

It is expected the Professional Advisor – Assessment of Overseas Qualified Practitioners (Professional Advisor) will already be involved in supporting both the practitioner and the supervisor.  In the first instance, the Professional Advisor will provide feedback regarding the practitioner’s performance in this unsuccessful period of supervised practice.

Appeals concerning procedures will be investigated by the OTC Executive Officer, and discrepancies reported to the OQAC.  The Stage 2 assessment result will not be changed unless the practitioner can demonstrate achievement of all competencies.

All appeals that are upheld will trigger a review by the OTC Executive Officer with a report on the outcome to the OQAC.

STAGE 2 – LEVELS OF APPEAL

There are two levels of appeal:

  • Level 1 – Review by Appeals Panel of OQAC
  • Level 2 – Review by an Independent Appeals Panel (IAP)

 

LEVEL 1 – Review by Appeals Panel of OQAC

The purpose of this level is to ensure the appeal is considered by OQAC members, who have not been involved with the supervisor or practitioner during the supervised practice period or previous counselling efforts.  The Level 1 Appeals Panel consists of four members of the OQAC, nominated by the OTC.  Nomination will be for three years, with a possibility for extension for a further three-year term.

If, after counselling with the Professional Advisor, the practitioner is not satisfied with the outcome of the supervised practice, they may write to the Appeals Panel of the OQAC stating the grounds for their appeal and requesting a review of supervised practice documentation.  The letter of appeal should be received by the OTC within 10 (ten) weeks of OTC sending notification of withdrawal of the supervised practice period.

The appropriate fee should be included with their application.  Each fee allows one attempt at that level, and is not refundable.

The OTC Executive Officer and Professional Advisor will provide a written report to the Appeals Panel of the OQAC outlining all communication with the practitioner, assessment reports, and details of and reasons why the period of supervised practice was not completed successfully.

The Appeals Panel will consider the original documentation and the Professional Advisor’s report.

The appeal will be upheld if the Appeals Panel determines that the appeal has merit.  The Appeals Panel can then decide on an appropriate action that may include recommending to the OQAC that:

  • a Certificate of Practical Completion be issued;
  • an extension to the period of supervised practice should be undertaken in the areas in which the practitioner did not achieve competency, either at the same place of employment, or in a new position (no new Stage 2 fee payable); or
  • a new period of supervised practice should be undertaken, either at the same place of employment, or in a new position (new Stage 3 fee payable).

The practitioner will be notified in writing within eight (8) weeks of the date of OTC receiving the Level 1 appeal.

If the appeal is rejected, the practitioner will be notified in writing within eight (8) weeks of the date of OTC receiving the appeal.  The notification will include reasons for rejecting the appeal and the option of a Level 2 appeal.  Telephone feedback by a member of the OQAC will be conducted, and is compulsory before progression to a Level 2 appeal.

The OTBA will be advised of the outcome.

LEVEL 2 – Review by an Independent Appeals Panel (IAP)

The purpose of this level is to provide assessment independent of the assessing body, the OTC.

Following feedback from OQAC, the practitioner is not satisfied with the outcome of the Level 1 appeal, they may write to the OTC stating the grounds for their appeal and requesting a further review of the supervised practice documentation.  The letter of appeal should be received by the OTC within 10 (ten) weeks of OTC sending notification of the outcome of the Level 1 appeal.

To progress to this level, the practitioner must pay the appropriate fee and ensure that all information they wish to be considered is provided with their Level 2 appeal.  Each fee allows one attempt at that level, and is not refundable.

The OTC convenes the IAP and nominates members as the need arises.  Membership is honorary, and OTC Directors and OQAC members are not permitted to be IAP members.  The IAP consists of three members, namely:

  • a senior occupational therapist independent of the assessment procedure but experienced in  occupational therapy education and clinical practice;
  • an overseas trained health practitioner (not necessarily an occupational therapist);
  • a community member familiar with legal procedures or civil rights.

The OTC Executive Officer and Chairperson of OQAC will provide technical advice as required.

All documentation concerning the period of supervised practice and appeals will be provided to the IAP.  The IAP will be asked to consider whether the practitioner has demonstrated achievement of all competencies, and that the assessment procedure has been applied correctly.  The appeal will be upheld if the IAP determines the appeal has merit.  The IAP can then decide on an appropriate action that may include recommending to the OQAC that:

  • a Certificate of Practical Completion is issued;
  • an extension to the period of supervised practice should be undertaken in the areas in which the practitioner did not achieve competency, either at the same place of employment, or in a new position (no new Stage 3 fee payable); or
  • a period of supervised practice should be undertaken, either at the same place of employment, or in a new position (new Stage 3 fee payable).

The IAP will document its reasons for decision, and prepare and sign a statement to be sent to the OTC. The practitioner will be notified in writing within eight (8) weeks of the date of OTC receiving the Level 2 appeal.

If the appeal is rejected, the IAP will document its reasons for decision, and prepare and sign a statement to be sent to the OTC.  The practitioner will be notified in writing of their appeal being rejected within eight (8) weeks of the date of OTC receiving the Level 2 appeal.  The notification will include reasons for rejecting the appeal.  Further options will depend on those competencies not being met.  The practitioner may request telephone feedback from a member of the OQAC regarding further options.

The OTBA will be advised of the decision.