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Fitness to Practise Guideline

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Section 1 - Purpose and Objectives

(1) This Guideline is not intended to provide a definitive list of possible Developmental Interventions, Level 1 or Level 2 concerns, but rather a guide as to how matters may be categorised depending on the degree of seriousness of the matter when judged against the five below criteria:

  1. Type of issue;
  2. Frequency of concern(s);
  3. Level of experience of the student;
  4. Intent of the student; and
  5. Impact, or potential impact, of the issue(s) including risk to the student and to others.

(2) This Guideline supplements the Fitness to Practise Policy and Fitness to Practise Procedure.

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Section 2 - Definitions, Terms, Acronyms

(3) No entries for this document.

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Section 3 - Guideline Scope/Coverage

(4) This Guideline applies to students enrolled in programs or courses that include a practical placement component and to University staff involved in managing students' Fitness to Practise in these programs and courses.

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Section 4 - Guideline Statement

(5) This Guideline will be used to guide how Fitness to Practise concerns are categorised.

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Section 5 - Categorisation

  Development Intervention Level 1 Concern Level 2 Concern
Criteria An overall judgement as to whether a case is a Developmental Intervention, Level 1 or Level 2 is made on the basis of an overall qualitative assessment of the level of seriousness of the concern based on the five criteria set out in this matrix.
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1. Type of Issue

Nature of the issue which compromises professional standards.		 For example:

CONDUCT

• One-off or infrequent instances of:
   – failing to engage or actively participate
   – lack of punctuality
   – non-attendance
at compulsory University or placement based learning activities and without a valid reason

• Communication issues of a minor nature or seriousness (e.g. inappropriate communication or rudeness that does not lead to, or risk, serious consequences)

• Impairing in a minor way the ability of a University staff member or another student to participate in a learning activity

• Inappropriate use of mobile phones or other electronic devices during University or placement based learning activities

• Inadequate preparation or clean-up of practical placement work area		 For example:

CONDUCT

• Frequent instances of:
   – lack of punctuality
   – non-attendance (University based only) 
at compulsory University or placement based learning activities without a valid reason

• Infrequent non-attendance at any PLACEMENT BASED learning activities without a valid reason

• Failure to respond to a direction from a University staff member or placement supervisor resulting in minor risk to patients and/or the wider community (including other students and placement staff)

• Leaving assigned post without authorisation from University or placement supervisor

• Minor breach of confidentiality (e.g. failure to limit the ability of others to hear or see confidential information)

• Minor damage to and/or inappropriate use or lack of care of equipment or materials at a placement site

• Minor breach of health and safety policy/ requirements		 For example:

CONDUCT

• Frequent instances of failure to engage or actively participate at any University or placement based learning activity

• Frequent instances of non-attendance at any placement based learning activities without a valid reason

• Failure to respond to a direction from a University staff member or placement supervisor resulting (or potentially resulting) in a serious risk to patients and/or the wider community (including other students and placement staff)

• Assault, theft or serious criminal offence

• Intoxication by alcohol or drugs in connection with the practice setting (including being under the influence of prescription drugs that impair performance in the practical placement setting)

• Engagement in sexual misconduct in connection with the practical placement

• Communication issues of a serious nature (including inappropriate use of social media, victimisation, exploitation and blackmail, harassment, bullying, threatening behaviour, serious rudeness or aggression and intimidation)

• Serious breach of confidentiality (disclosure of an individual’s information to others, where the information was previously unknown, identity impersonation and identity theft)

• Providing treatment or intervention to a patient without, or outside of the scope of, an approved treatment plan, appropriate supervision, and/or signed patient consent (where required)

• Providing treatment or intervention to a patient without supervision or supervisor approval (where required)

• Damage to, or inappropriate use or lack of care for equipment or materials

• Serious breach of health and safety policy/ requirements
  PERFORMANCE

• Illegible recording of patient records

• Lack of English language proficiency resulting in minor misunderstandings in responding to and giving instructions		 PERFORMANCE

• Lack of English language proficiency resulting in significant misunderstandings in responding to and giving instructions

• Deficient, inaccurate or incomplete recording of patient records/reports/case notes/student logs

• Failure to demonstrate practical competence to the standard and safety levels expected of a student at their level of training that may be remediable within the short term
 		 PERFORMANCE

• Verbal language skills are not of a sufficient standard to undertake placement activities in the community with persistent failure to improve

• English language proficiency that places the public at risk of substantial harm

• Failure to demonstrate practical competence to the standard and safety levels expected of a student at their level of training that cannot remediated within the short term
  COMPLIANCE

• One-off or infrequent failure to comply with a Dress Code

• One-off or infrequent non-compliance with infection control protocols including failure to wear the required personal protective equipment
  
  		 COMPLIANCE

• Frequent failure to comply with a Dress Code

• Frequent non-compliance with infection control protocols including failure to wear the required personal protective equipment

• Pending criminal legal matter of a nature that is unlikely to impact the student’s ability to maintain required criminal record clearances and meet placement providers’ standards to enable them to continue to undertake a practical placement

• Failure to complete and/or maintain the pre-placement requirements that may be addressed in the short term		 COMPLIANCE

• Breaching standards of a relevant professional code of conduct, professional association or professional registration body (including failure to maintain student registration where applicable) as well as the Placement Providers policies and procedures

• Pending criminal legal matter of a nature that is likely to impact the student’s ability to maintain required criminal record clearances and meet placement providers’ standards to enable them to continue to undertake practical placements (recognising a student’s right to an assumption of innocence until convicted)

• Being charged with an offence that carries a potential sentence of 12 months or more

• Failure to disclose an inability to meet Fitness to Practise standards

• Failure to successfully complete a return to practise competency assessment

• Failure to complete and/or maintain the pre placement requirements that is not able to be addressed in the short term
  DISABILITY/HEALTH

• Temporary physical disability or medical condition

• Exacerbation of an existing physical disability or medical condition that is usually well managed and is capable of remediation in the short term		 DISABILITY/HEALTH

• Existing physical disability or medical condition that is not well managed but is capable of remediation in the short term		 DISABILITY/HEALTH

• Permanent physical disability, medical condition or impairment that impacts a student’s Fitness to Practise and/or places the public at risk of substantial harm

• Failure to disclose an impairment
2. Frequency of issue

How often is the student compromising professional standards?
 		 For example:

One-off lapse or infrequent		 For example:

Episodic, frequent and unpredictable		 For example:

Habitual, continual, constant, predictable
3. Length of experience of the student

Relates to your expectation that the student should be aware of the professional issue		 For example:

• Students who have not previously undertaken a learning activity related to work and/or the profession
  		 For example:

• Students who have had some previous experience in a learning activity related to work and/or the profession		 For example:

• Experienced student

• Where student is expected to understand fully and comply with standards consistent with the Code of Conduct

• After completion of known instruction in profession’s or placement organisation’s code of conduct, policies and standards
4. Intent of the student
  
Intentionality of the act		 For example:

• Action is accidental, thoughtless, unintentional or due to lack of knowledge

• Action is of a minor nature		 For example: 

• Action is accidental, thoughtless, unintentional or due to lack of knowledge

• Action is of a moderate nature

• Cultural considerations/mitigating circumstances e.g. no prior instruction or unclear instructions		 For example:

• Actions appear intentional

• Action is of a serious nature

• Actions contravene clear instructions

• Two or more students involved
5. Impact, or potential impact, of the issue(s) including risk to the student and to others
  
Who/what is affected by the student compromising professional standards		 For example:

• Actions impact in a minor or temporary way on the student’s Fitness to Practise

• Actions do not impact on the reputation of the program and its standing with the profession

• Minor impact on other students’ learning opportunities

• No/minor impact on patient/client/public safety
  		 For example:

• Actions impact in a moderate or temporary way on the student’s Fitness to Practise

• Actions do not impact on the reputation of the program and its standing with the profession

• Moderate impact on other students’ learning opportunities

• Minor/moderate impact on patient/client/public safety		 For example:

• Actions impact on the reputation of the program and its standing with the profession

• Actions impact on the reputation of the University and/or other organisation(s)

• Significant impact on patient/client/public safety

• Significant impact on other students’ learning opportunities