Dissolution of HealthQuest
Review of Assessments | What is an Appeal? | Am I eligible to lodge an appeal? | How to lodge an appeal... | When can't I lodge an appeal? | Who considers the appeal? | What happens after an appeal? | Are there any costs involved?On 17 June 2009, the Department of Premier and Cabinet (DPC) issued a Circular outlining transitional arrangements following the dissolution of HealthQuest, refer Circular 2009-21, Transitional Arrangements Following Dissolution of HealthQuest.
The Relevant Officer
Workplace Relations and Management Branch
NSW Department of Health
Level 10, 73 Miller street
Locked Mail Bag 961
North Sydney NSW 2059
Review of Assessments
The appeal form can be downloaded from here: HAC APPEAL FORM Health V1
To submit an appeal, please email, fax or send your completed form marked to the Relevant Officer at the Workplace Relations and Management Branch, Department of Health:
Email: emprel@doh.health.nsw.gov.au
Fax: (02) 9391 9931
Address: As above
For further information or assistance please contact the Workplace Relations and Management Branch on (02) 9391 9357.What is an Appeal?
You have just completed a health assessment. If you are not satisfied with the results of this assessment, you may be able to lodge an appeal.
An appeal is a request for the original assessment result to be reviewed. Your appeal is heard by the independent Transitional Health Appeals Committee (HAC).
Not all assessment situations are suitable for an appeal. Appeals can only be made by employees of NSW Public Service Agencies, under certain conditions.
You must first determine if you are eligible to lodge an appeal before filling out the appeal form.
Am I eligible to lodge an appeal?
You must be an employee of the NSW Public Service in order to lodge an appeal or an employee of an organisation who has elected to provide access to the appeals process.
You must also have a valid reason why your assessment should be reconsidered. You can lodge an appeal if you think relevant medical information was omitted from the original assessment, or the process was not conducted properly and that this has impacted on the final recommendations.
Conditions under which you can appeal:
1. Medical information was not considered
- If relevant information about your medical condition was available and provided to the assessor, but was not considered at the time of assessment.
- If you can demonstrate that the assessor's recommendations are not consistent with the available medical information at the time of the assessment.
2. The proper assessment procedure was not followed
- If you were not given a copy of information relating to your situation by your employer prior to the assessment.
- The information you received from your employer was incorrect or misleading.
- If your English language skills were insufficient and you required the services of an interpreter.
How to lodge an appeal...
- Confirm that you are eligible to make an appeal. It is important that you can explain why you are appealing.
- Complete the Appeal Form and send it to the Department of Health. You must lodge your Appeal Form within 21 calendar days from the date printed on your original assessment result letter. For example, if the date on your assessment result letter is the 19th May, then you must lodge your Appeal Form on or before the 9th June. Extensions may be granted in some circumstances and you should contact our Appeals Coordinator immediately if you require an extension.
- Gather any relevant, additional medical information you wish the HAC to consider when reviewing your situation. Forward this to the Department of Health. This can accompany your Appeal Form, or be sent at a later date under separate cover.
- The Department of Health will acknowledge receipt of your Appeal Form and provide you with an appeal number.
- Your employer will be notified that you have appealed.
- The HAC will consider your appeal, taking into account the original health assessment information, the reasons provided on your Appeal Form and any relevant medical information you have provided. They may refer you to an independent specialist for an examination. The Committee will determine whether the original assessor made the right determination at the time of your original assessment.
- You may request to address the Transitional Health Appeals Committee. Contact the award enquiry line on 02 9391 9357 should you wish to do this. It will then be up to the Committee to decide if this is appropriate.
- The Transitional Health Appeals Committee will make a decision regarding your original health assessment. You and your employer will be notified in writing of this decision.
When can't I lodge an appeal?
You are not eligible to lodge an appeal in the following circumstances:
- If your concerns relate more to your employment situation than your assessment outcome. These concerns should be discussed with your employer,
- If you simply disagree with an assessment outcome or recommendation. Your opinion alone is not a sufficient reason for appeal. There must be a valid reason.
- If you have refused to give consent to contact your treating doctors as this does not allow the assessor to make an informed decision on your assessment.
Below is a list of questions to help you determine if you can lodge an appeal. Not all of the questions may be applicable to your situation.
If you answer 'yes' to one or several of these questions then you are eligible to lodge an appeal
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Did the assessor overlook any available relevant medical information at the time?* |
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Were the medical assessment results inconsistent with your current medical information? ** |
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Do you have any English language difficulties that may have affected the assessment? |
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Are your concerns related to the actual health assessment? (Not your employment situation or an industrial matter) |
* You should attach any relevant medical information to your appeal application
** We value the opinion of your doctor or specialist, but their different opinion may not be sufficient on its own for an appeal.
The Transitional Health Appeals Committee will only determine whether the assessment result was correct at the time of the assessment.
Who considers the appeal?
Your appeal will be considered by the Transitional Health Appeals Committee.
The roles and responsibilities of the Committee are:
- To review the results and recommendations of your original medical assessment, along with any additional information supplied.
- The review is limited to the appropriateness of the medical assessment and the process undertaken at the time of the original assessment.
- The review does not consider issues such as actions of employers before or after the assessment.
At the end of the process, the Committee will make an independent decision regarding the appropriateness of the original assessment results and recommendations.
What happens after an appeal?
After the appeal, you and your employer will be notified of the outcome.
The result of your appeal relates only to your original health assessment. Decisions regarding your future employment situation are the responsibility of your employer and you should contact them to discuss these.
If you are still unhappy with the results of your Health Assessment and Appeal, you will need to seek Independent Advice, or speak with your Union Representative.
Are there any costs involved?
There is no charge for lodging an appeal. If you wish to obtain additional medical reports or examinations, this must be arranged in your own time, at your own cost.
If the Transitional Health Appeals Committee requests an additional medical examination, they will meet the cost of this assessment.