What opportunities will you have to explain your situation?

During the PSR process you will have a number of opportunities to explain your circumstances as they existed during the review period that is the subject of the referral by the Department of Health. You should be mindful of the nature of the decision that is to be made in each stage of the process when making submissions and presenting your case.

Stage one: Decision by Director on whether inappropriate practice might have occurred.

(including whether to enter a Negotiated Agreement, take no further action, or refer to a Committee)

You will have the opportunity to provide:

  1. oral submissions and explanations during a meeting with the Director
  2. written submissions addressing any concerns expressed by the Director in the Director's draft report. You should also make written submissions at this time on what process should be used to resolve your case
  3. oral and written submissions during the negotiation of an Agreement under section 92 of the Act (if the Director decides to give you that option).

Stage two: Decision by Committee on whether inappropriate practice occurred.

You will have the opportunity to provide:

  1. oral and written evidence to the Committee at the hearing. At these hearings the Committee will question you on general aspects of your practice during the review period as well as the details of specific services you rendered or initiated during the review period. The Committee may also take evidence at the hearing from relevant witnesses.
  2. a written submission on the Committee’s Draft Report containing its preliminary findings on the review of your practice.

Stage three: Decision by Determining Authority on the suitable outcome.

If the Committee finds that you engaged in inappropriate practice, you will have the opportunity to provide:

  1. a written submission about the sanctions the Determining Authority should apply as a result of the Committee’s Final Report.
  2. a written submission in response to the Draft Determination prepared by the Determining Authority, which will contain its preliminary view on suitable sanctions for your matter having regards to your particular circumstances.