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Overseas Practitioners: Misconduct Policy

What is Misconduct?

The Misconduct Policy applies to all candidates, current and former, undertaking an assessment with the Council.

Misconduct means seeking to obtain, or obtaining, whether intentionally or not, an unfair advantage, or assisting another candidate to do so.

Any person may report an allegation of misconduct in writing to the Council.

The General Manager, Assessment will conduct a preliminary review to ensure that there is evidence to support the allegation of misconduct.

Upon making a positive determination, the Chief Executive Officer will notify the candidate in writing, that an allegation of misconduct has been made against them and will initiate the process of formal inquiry to investigate the breach.

The candidate will be invited to respond to the allegation at a formal inquiry

If the formal inquiry concludes that a breach of this policy has occurred, a record will be placed in the Council Misconduct Register and the penalties that may be imposed at the discretion of the formal inquiry are:

  1. automatic failure of the assessment; and
  2. the candidate may be required to re-sit the assessment at the candidate’s expense; or
  3. suspension of candidature and barring from future application for a period of time determined by the formal inquiry; or
  4. expulsion from candidature and barring from any future application; and
  5. notification of misconduct to the Physiotherapy Board of Australia or other relevant authority.

Where the candidate’s breach is of a kind that prejudices the interests of other candidates or the integrity of the assessment process itself, the case may result in:

  1. a penalty of suspension of candidature and barring from future application for a period of time determined by the formal inquiry; or
  2. expulsion from the candidature and barring from any future application; and
  3. immediate notification of misconduct to the Physiotherapy Board of Australia or other relevant authority.

Candidates have a right to appeal against a finding of misconduct or a penalty received,  in accordance with the Internal Review process.

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