findings are required in respect of an external agency (such as the Ombudsman’s office, Children Guardian, relevant professional council, AHPRA) and any associated reporting requirements. For further information on making findings, refer to . Standard of proof Any adverse finding against a clinician through this process must be proved to the standard, that is, the balance of probabilities”. Based on available evidence, it must “on be more probable than not that the conduct or unsatisfactory performance occurred. In reaching a finding, information should be assessed in terms of its relevance to the alleged conduct or performance issue, its reliability, its consistency (over time, with other evidence, if it is more or less plausible) and whether it is corroborated or contradicted by other information. The weighting given to information should be documented as part of the investigation report. Options for findings After considering whether the actual alleged conduct or performance is substantiated, the type of finding will depend on the nature of the issue under review or investigation and the requirements of the relevant NSW Health policy: for alleged misconduct, the findings must be in accordance with the NSW Health Policy on for child related allegations, charges or convictions, the findings must be in accordance with the NSW Health policy on for performance issues, the findings will relate to whether the investigation or enquiries found that the clinician’s performance in the workplace, in relation to the issues under investigation, was unsatisfactory and/or identified potential gaps in their performance, skills or knowledge affecting their ability to perform the essential requirements of their role. In all cases, it should be considered if: the findings constitute possible unsatisfactory professional conduct, professional misconduct or notifiable conduct (including underlying mental health issues, drug or alcohol dependency that may be related to, or have contributed to, the conduct are identified) requiring a notification to AHPRA or to the relevant professional council (refer to and to ) are any mitigating practice or system issues and if they need to be addressed to minimise the risk of the conduct or practice reoccurring there are any other aggravating or mitigating factors.
findings are required in respect of an external agency (such as the Ombudsman’s office, Children Guardian, relevant professional council, AHPRA) and any associated reporting requirements. For further information on making findings, refer to . Standard of proof Any adverse finding against a clinician through this process must be proved to the standard, that is, “on the balance of probabilities”. Based on available evidence, it must be more probable than not that the conduct or unsatisfactory performance occurred. In reaching a finding, information should be assessed in terms of its relevance to the alleged conduct or performance issue, its reliability, its consistency (over time, with other evidence, if it is more or less plausible) and whether it is corroborated or contradicted by other information. The weighting given to information should be documented as part of the investigation report. Options for findings After considering whether the actual alleged conduct or performance is substantiated, the type of finding will depend on the nature of the issue under review or investigation and the requirements of the relevant NSW Health policy: for alleged misconduct, the findings must be in accordance with the NSW Health Policy on for child related allegations, charges or convictions, the findings must be in accordance with the NSW Health policy on for performance issues, the findings will relate to whether the investigation or enquiries found that the clinician’s performance in the workplace, in relation to the issues under investigation, was unsatisfactory and/or identified potential gaps in their performance, skills or knowledge affecting their ability to perform the essential requirements of their role. In all cases, it should be considered if: the findings constitute possible unsatisfactory professional conduct, professional misconduct or notifiable conduct (including underlying mental health issues, drug or alcohol dependency that may be related to, or have contributed to, the conduct are identified) requiring a notification to AHPRA or to the relevant professional council (refer to and to ) are any mitigating practice or system issues and if they need to be addressed to minimise the risk of the conduct or practice reoccurring there are any other aggravating or mitigating factors.