Performance Review Panels

Councils can refer practitioners directly to a Performance Review Panel if they believe there are public interest and public safety concerns that need to be addressed.

You might also be referred to a Performance Review Panel after a performance assessment. 

Councils appoint these panels for another important reason: supporting you to remain in practice while your professional performance improves.

We will appoint 3 members to sit on the panel, including: 

• 2 registered health practitioners in the same health profession as you 

• a community member. 

The panel will meet with you to review all the relevant information. They’ll consider whether your professional performance is satisfactory and if conditions on your registration are needed to help you practise safely.

If the panel puts conditions on your registration, you must comply straight away, even if you plan to appeal the decision. Any conditions will stay in place until there is an outcome, or until we’re satisfied there is no longer a risk and they can be removed.

We’ll send you a letter detailing the: 

• date, time and location of the panel meeting

• names of the panel members

• documents the panel will consider.

You should send the panel any documents it has asked for. It’s also important to carefully read all the documents we’ve sent you before the meeting. If you find any errors or inconsistencies, you’ll have a chance to address these at the meeting. 

The documents both you and the panel will see ahead of time will likely include: 

• the original complaint made about you, or a summary of it

• any additional information the complainant has provided

• your response to the complaint 

• your CV and CPD activities 

• performance assessment report/s 

• any existing conditions on your registration and a summary of your compliance with those conditions

• any other relevant documents. 

You can make written or oral submissions at the meeting. The panel will discuss:

• your performance and current circumstances 

• your continuing professional development (CPD) 

• your future professional plans 

• any of the documents sent to you, including the performance assessment report

• any changes you have made in relation to your practice since your performance assessment.

Remember, you can bring a support person, who may be a family member or friend, and/or a lawyer or association representative but they can't speak for you. You can also call witnesses to appear before the panel. To do that you must provide us with a list of their names and contact details.

Call us immediately if you can’t attend the scheduled meeting and explain why. If you don’t attend, the panel meeting may go ahead in your absence. If this happens, we will contact you and tell you the outcome.

There are several actions the panel can take. It can: 

• close the matter and take no further action 

• impose conditions on your registration 

• require you to complete educational courses

• require your performance to be reassessed at a later date

• require you to provide reports on your practice

• make any recommendations to us it considers are appropriate

• end the meeting and recommend that a complaint be made to the Health Care Complaints Commission (HCCC). 

The panel will prepare a written decision and send it to the Council. The panel’s report is a ‘protected report’, which means it can only be disclosed to the HCCC or for the purpose of carrying out functions under the National Law. It can’t be subpoenaed or used in civil proceedings unless the report’s author and the person the report is about, agree to its use. 

If the panel places conditions on your registration, we must notify Ahpra so it can enter the conditions on the national register of practitioners. We must also notify your employer. We will tell the complainant the outcome too, but we won’t give them a copy of the panel’s decision. 

Learn more about registration conditions

You can write to us at any time to request we review our decision. You can also appeal directly to the NSW Civil and Administrative Tribunal (NCAT) within 28 days of being notified of the decision.

Learn more about how to appeal

We know that having a complaint made about you can be stressful and we’re available to answer any questions you may have. If you are concerned about your mental health and wellbeing, or need other assistance, you can speak to: 

• your general practitioner 

• your treating practitioner 

• a mental health help line.

Visit our support page for helpful resources