HP14/3291
Medical Councils Membership
Vacancy – Legal Member
INFORMATION FOR APPLICANTS
BACKGROUND
Members of the NSW Health Professional Councils are appointed by the Governor of NSW on the recommendation of the Minister for Health.
There are 14 Councils which are independent statutory bodies established under the Health Practitioner Regulation National Law (NSW) (the Law):
Aboriginal and Torres Strait Islander Health PracticeChinese Medicine
Chiropractic
Dental
Medical
Medical Radiation Practice
Nursing and Midwifery / Occupational Therapy
Optometry
Osteopathy
Pharmacy
Physiotherapy
Podiatry
Psychology
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ROLE OF HEALTH PROFESSIONAL COUNCILS
The primary responsibility of the Councils is to protect the public by managing complaints and notifications about the health, performance and conduct of registered health professionals practising in NSW. Regulation is managedthrough co-regulation with the Health Care Complaints Commission (HCCC).
ROLE OF COUNCILMEMBERS
Members of the Medical Councilare expected to actively contribute to the effective governance and oversight of the Council and its role in regulating registered medical practitioners in NSW. The Council does this by responding to complaints and notifications about medical practitioners so as to safeguard the health and safety of the public and to maintain the confidence of the community in the health system.
The President is responsible for leading the Council and ensuring that the members work together as a cohesive team. All members are required to act in the bests interests of the Council.
Term of appointment
Council members will be appointed for a term of up to three years and are eligible for reappointment for a further two terms, up to a maximum period of nine years.
Availability and expectations of members
Applicants should be aware of the nature and extent of the work require of Council members.
The Medical Council meetsevery second month, and members are expected to attend.
Members are also appointed by the President to two additional Committees from the standing committees (Conduct, Performance, Health, Corporate Governance and Research) which meet monthly or quarterly to dispose of significant complaint numbers and other regulatory activity.In practice this means at least 3 Tuesday afternoons each month are taken up with Council activity. Each meeting requires significant pre reading.
In addition Council members are rostered as delegates to make urgent decisions on behalf of the Council between meetings. On occasions members may also be asked to attend community meetings or events, in a representative capacity, thereby strengthening the Council’s interaction with the profession and the community it serves.
Remuneration
Remuneration is paid to Councilmembers in accordance with the NSW Government Boards and Committees Guidelines (Premiers Memorandum 2013_06). Rates are set by the Public Service Commission and approved by the Minister for Health.
The current sitting fees for each Council are available on the HPCA website ( remuneration includes Committee and other work as a Council member. Reimbursement of expenses is paid in line with NSW Government policy. Travelling time is not reimbursed.
Membersare entitled to superannuation through the NSW Ministry of Health payroll system. Members’ individual circumstances will be confirmed at the time of appointment.
In addition to their remuneration as Council members, if they sit on hearing panels Members are separatelypaid on a sessional basis. Please refer to the individual Council website and annual report for specific details
Standards of conduct
Members are expected to adhere to public sector standards and principles of conduct in order to ensure that public confidence and trust in the Council is maintained.All members need a clear understanding of their public duty and legal responsibilities and must act for the proper purpose without exceeding their powers.
Members must ensure the efficient and responsible expenditure of public funds in accordance with government legislation, policy and guidelines.
Pecuniary or other interests of a member that may be in conflict with their role as a member of a Council must be disclosed in advance and managed in accordance with public sector standards. This includes registering the interest and abstaining from decisions that relate to the interest of the member. On their appointment members are required to sign the Council Code of Conduct and the Pecuniary Interests Declaration.
Further information on the standards of conduct expected of NSW Government board and committee members can be found in the NSW Government Boards and Committees Guidelines, section 7.
MAKING AN APPLICATION
Applicants are required to complete the Expression of Interest form [hyperlink] and submit it with a brief statement addressing each of the selection criteria and an up to date curriculum vitae (CV) (maximum of 5 pages).
SKILLS AND EXPERIENCE
Expression of interest form
In completing the Expression of Interest form applicants should indicate the Council or Councils to which they wish to be considered for nomination. The selection of applicants for individual Councils will be based on the skill mix the Council requires and applicants’ preferences may not always be accommodated.
The Expression of Interest form for the position of Legal Member requires the nomination of legal expertise as the area of most significant contribution as a Council member:
Applicants may include details of broader expertise in their curriculum vitae.
Selection criteria
Applications should include a brief covering letter or statement addressing each of the following selection criteria. These criteria are taken into account when selecting candidates on merit to recommend to the Minister to consider for nomination to the Governor for appointment.
- The legal member must be an Australian lawyer admitted to practice in NSW. The legal member is not the Council’s legal advisor but should be able to assist the Council in applying the law in sound regulatory decision making.
- A demonstrated high level of performance in leadership, teamwork and/or management skills (previous board, tribunal, panel hearings, committees and/or senior management experience would be an advantage).
- Demonstrated integrity, impartiality, open-mindedness, sound judgment, and fairness and knowledge of the rules of procedural fairness and natural justice.
- Capacity to develop sound knowledge and understanding of legislation relevant to the Council including the Health Practitioner Regulation National Law (NSW) (the Law).
- A clear understanding of the objectives, roles, duties and obligations of a member of the Medical Council including appreciation of the need for quality and consistency in decision making.
- An appreciation (from the perspective of a member of the public) of appropriate standards of health care and the role of health practitioner regulatory bodies in protecting the public.
- Experience in health ethics and current issues in medical regulation
Member attributes
It is considered that a practitioner member will bring to the Council sound experience in the health profession for which the Council is established and will have an appreciation and understanding of the Council’s role.
While the Law does not define the required attributes or qualities of Council members, it is considered that the desired attributes for all members are:
•Displays integrity: is ethical, committed, diligent, prepared, organised, professional, principles-based and respectful, values diversity, and shows courage and independence
•Thinks critically: is objective and impartial, uses logical and analytical processes, distils the core of complex issues and weighs up options
•Applies expertise: actively applies relevant knowledge, skills and experience to contribute to decision-making
•Communicates constructively:is articulate, persuasive and diplomatic, is self-aware and reflects on personal impact and effectiveness, listens and responds constructively to contributions from others
•Focuses strategically: takes a broad perspective, can see the big picture, and considers long term impacts
•Collaborates in the interests of the scheme:is a team player, flexible and cooperative, creates partnerships within and between Councils and the HPCA.
Nominees of professional bodies or other organisations
Membership of some Councils includes representatives nominated by professional bodies and other organisations, including medical colleges, peak professional groups, academic institutions or industrial bodies. The nominating body will be requested to indicate whether the individual nominee or the organisation being represented will be paid the sitting fee.
Applicants who are NSW Government sector employees
NSW Government sector employees including Health Service employees may be appointed to a Council. In accordance with the NSW Government Boards and Committees Guidelines, Section 8.3, public sector employees cannot be paid a sitting/annual fee without obtaining an exemption from the Public Service Commission.
Where a Council member is employed in the public health system the remuneration is made to the relevant hospital, health district or agency. This enables the hospital/district to backfill the position.
Applicants who are NSW Government sector employees should seek their employer’s support for their nomination and provide contact information on the Expression of Interest form.
SELECTION OF COUNCIL MEMBERS
The membership of each Council will be selected to ensure a balanced membership with a mix of skills, knowledge attributes and expertise to oversee and provide guidance to the Council’s regulatory and corporate decision-making. Consequently applicants may not be nominated for their Council of first preference.
It is NSW Government policy that the membership of boards and committees should reflect the interests of the community as a whole, including women, people of culturally diverse backgrounds, Aboriginal and Torres Strait Islander people, people with a disability, and young people.
The capacity of applicants to contribute time to the workload and demands of a Council will also be a factor in the final selection process. The number of other positionsheld on similar boards and committees will be considered so that recommended applicants are not overburdened.
SELECTION PROCESS
Applications that are incomplete or do not answer the criteria will be culled. Applications will then be reviewed based on the expressions of interestagainst the selection criteria and key attributes and curriculum vitae. The skills mix, needs and balance of individual Councils will be taken into account when selecting nominees.
Applications will then be submitted to the Minister for Health who makes the final decision on members to be recommended to the Governor for appointment.
Referee reports
As a part of the application, applicants are asked to nominate two referees (including their positions) who can discuss the applicant in relation to theirskills and qualifications and responsibilities of the position if required.
Unsuccessful applicants
Applicants who are unsuccessful will be notified following the completion of the EOI process. Those applicants not successful may be included on a register maintained by the HPCA, which provides a pool of interested persons available to fill ad hoc vacancies that may arise.
Probity checks for short listed applicants
Appointees to government boardsand committees need to have records of personal, professional and commercial integrity. Shortlisted applicants will be subject to a national criminal record check as part of the selection process, unless this check is a condition of registration in a health or other profession.
PROTECTING PERSONAL INFORMATION AND PRIVACY
The HPCA will collect personal information to assess an applicant’s suitability for appointment to a Council. Throughout the process personal information will be held confidentially and will only be disclosed to persons involved in the short listing and appointmentprocess.
Personal information will be handled in a secure manner and will only be accessed as required. Information may also be used in a de-identified format in order to:
- meet whole of Government reporting requirements
- enable the Government to monitor the diversity of appointments to and composition of statutory and other bodies to which the Government makes appointments, and
- allow accurate reporting on the profile of public sector entity board and committee memberships.
If appointed to a Council the following information will be made available to the public on a NSW Government website and may be included in press releases issued by the Minister for Health, the Council or theHPCA:
- first name and surname
- the term of current appointment
- the position held, for example, Member/President, and
- the name, address and contact details of the Council.
SUBMITTING AN EXPRESSION OF INTEREST
Expressions of interest are currently being sought for membership of the Medical Council of NSW.
Refer to the HPCA and Council website for details.
To be considered for appointment,applicants must submit an expression of interest form, brief statement addressing the selection criteria and a currentcurriculum vitae (maximum of five pages) by close of business onFriday 3 March 2017.
Expressions of Interestmay be submitted by:
Email:
Post: Attn: EOI Council Membership
Senior Policy and Project Advisor, Corporate Governance
Health Professional Councils Authority
Locked Mail Bag 20
Haymarket NSW 1238
Contact
For further information or to obtain an information package:
Senior Policy and Project Advisor, Corporate Governance
Health Professional Councils Authority (HPCA)
Locked Bag 20 Haymarket NSW 1238
Level 6, 477 Pitt Street, Sydney NSW 2000
Phone: 1300 197 177
Email:
Website:
Feb 2017
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