Terms and Conditions
ACAM code of conduct
1. Purpose
The primary objective of the Australasian College of Aesthetic Medicine (ACAM) is to advance excellence in Aesthetic Medicine, provide support to its members within the complexities of their profession, and ensure the maintenance of robust standards. The conduct of ACAM Members significantly influences the organisation's reputation and reflects upon other members. In alignment with the Good Medical Practice: A Code of Conduct for Doctors in Australia by the Medical Board of Australia, ACAM is unwavering in its commitment to the highest standards of behaviour exhibited by its Members and staff.
ACAM Members are obliged to adhere to the utmost standards of behaviour and ethics and treat all members of the ACAM community with equity, dignity, and respect. This Code of Conduct delineates the expected standards of behaviour from Members, aiming to instill confidence in their conduct, safeguard ACAM 's reputation, and contribute to achieving strategic objectives. All Members must be well-versed in the expected standards of conduct; a lack of awareness of this Code does not serve as a defence against allegations of breach.
Membership in ACAM is a privilege accompanied by the responsibility to uphold the high standards set by the organisation. This Code specifies the circumstances under which disciplinary action may be taken against Members and outlines the nature of such actions.
The Board establishes this Code under clauses 10, 11 and 16 of the ACAM Constitution. Accordingly, it defines conduct that, in the Board's judgment, warrants censure, suspension, or expulsion of a Member.
2. Application
This policy applies to all ACAM Members, as in clause 11 of the ACAM Constitution. In case of conflicts between this Code and other ACAM Codes of Conduct, the resolution is to apply the relevant part of the Code with the highest or more stringent standards for behaviour. This policy will be comprehensively understood with the Fellowship Policy, Terms of Reference of the Professional Standards Committee, Appeals Policy, and the ACAM Constitution, particularly Clause 11 (Types of Membership).
The obligations outlined in this Code are pertinent to any situation associated with ACAM or where a Member's behaviour adversely impacts or has the potential to impact ACAM adversely. This includes activities during ACAM events, meetings, education delivery, and interactions with other Members, employees, trainees, medical educators, supervisors, and stakeholders.
3. Admission to Membership
Membership in ACAM is a privilege, and this section establishes the minimum standards that membership applicants must meet.
3.1 Inadmissible Applicants
The Board is prohibited from admitting any individual to membership who, within the last ten years:
Has been convicted of any indictable offence against the person or any offence requiring proof of dishonesty in any Australian or overseas jurisdiction.
Has been suspended or removed from the Register of Medical Practitioners by the Australian Health Practitioner Regulation Authority (AHPRA).
3.2 Admissible Applicants
The Board holds discretionary power to admit eligible individuals to Membership. In exercising this discretion, the Board must consider various factors, including:
Disciplinary actions or adverse findings in any jurisdiction.
Suspension or removal from the Register of Medical Practitioners.
Charges or convictions of indictable offences.
Bankruptcy status.
Reputation risk to ACAM
Compliance with clause 3.3.
Any other relevant considerations deemed by the Board.
3.3 Further Information
The Board may request additional information from an applicant at any time to assess their eligibility for membership or initiate an investigation.
4. Conduct, Behaviour, and Professional Standards
Members play a pivotal role in shaping the reputation of ACAM and, as such, are expected to maintain the highest standards of conduct. This section outlines specific standards and potential consequences for Members unable to adhere to them.
4.1 Conduct
Members must:
Act in the best interests of ACAM.
Demonstrate a high level of professionalism, integrity, and mutual respect.
Avoid any conduct damaging to ACAM's reputation.
Refrain from activities that, in the opinion of the ACAM Board, threaten public health or safety.
Diligently and professionally fulfilled tasks assigned by ACAM.
Comply with lawful and reasonable directives of ACAM.
Disclose all required membership information truthfully and fully.
Maintain the confidentiality of ACAM information.
Use ACAM's resources responsibly.
Refrain from misrepresentation or dissemination of misleading information about ACAM positions.
Cooperate fully with investigations into breaches of this Code.
Members can express differing opinions on ACAM policy, provided they do so respectfully and without damaging ACAM's reputation or threatening public health or safety.
4.2 Behaviour
Members must:
Act honestly.
Declare conflicts of interest in line with relevant policies.
Avoid promoting activities deemed threats to public health or safety.
Interact constructively with other Members and staff.
Maintain professional behaviour towards Members, stakeholders, and staff.
Treat individuals fairly, with dignity, courtesy, and respect.
Refrain from offensive language or behaviour.
Abstain from any form of unlawful discrimination.
Avoid bullying, harassment, or any unwelcome, offensive, humiliating, or intimidating conduct.
Report any observed or perceived behaviour in breach of this Code.
4.3 Professional Standards and Medical Board Code of Conduct Obligations
In addition to the obligations outlined in this Membership Code of Conduct, Members must comply with the current version of the Good Medical Practice: A Code of Conduct for Doctors in Australia (Practitioner Code of Conduct) issued by AHPRA or its successor. In case of inconsistency between the AHPRA Practitioner Code of Conduct and this Membership Code of Conduct, the higher standard prevails.
4.4 Examples of Unacceptable Conduct or Behaviour
Examples of unacceptable conduct leading to disciplinary action include, but are not limited to:
Breaches of ACAM policies.
Breach of confidentiality or privacy.
Professional misconduct.
Acting against ACAM's best interests.
Misuse of position or authority.
Misrepresentation or misuse of authority.
Bullying, harassment, or behaviour bringing disrepute to ACAM.
5. Disciplinary Action
Failure to adhere to the standards in this Code may result in consequences for a Member. This section outlines the processes involved when a Member violates this Code and enumerates potential consequences.
5.1 Automatic Termination of ACAM Membership
Clause 17 and 20 of the ACAM Constitution stipulates automatic termination under specific circumstances, including a Member's removal from the register of a recognised medical or professional authority.
5.2 Termination of ACAM Membership or other Sanction under Clause 17 and 20 of the ACAM Constitution
Clauses 17 and 20 of the ACAM Constitution allows discretionary termination in situations such as a violation of the ACAM Constitution or conduct prejudicial to the interests of the college. Conduct prejudicial to the interests of the college includes findings of guilt, breaches of this Code, or breaches of the Fellowship Policy.
6. Disciplinary Proceedings
This section outlines the procedures for reporting unacceptable conduct or behaviour, appeals from Professional Standards Committee decisions, Appeals Committee composition, chairmanship, governance, proceedings, principles, basis for decision, redirection, adjournment, and further appeals.
6.1 Reporting Unacceptable Conduct or Behaviour
Any person may write to the Chair of the Board disclosing conduct by a Member that may breach this Code. The Chair assesses the correspondence and any supporting evidence and may refer the matter to the Board or the Professional Standards Committee or dismiss it based on legal advice. Mandatory reporting legislation applies where relevant.
The Chair may dismiss an allegation if:
The allegation is false, frivolous, vexatious, or lacking substance.
The allegation is malicious or not made in good faith.
A significant time has elapsed since the alleged conduct.
The allegation is substantially like a previous one already determined.
The allegation is the subject of existing legal proceedings.
6.2 Appeals from Professional Standards Committee Decisions
Members have the right to appeal decisions of the Professional Standards Committee within twenty business days of being notified of the decision. Appeals can only be made based on flawed processes, not the decision's merits. Appeals are made to the Appeals Committee, composed of faculty provosts and a non-medically qualified person nominated by the president.
6.3 Appeals Committee Composition
The Appeals Committee comprises four Faculty Provosts and one non-medically qualified person nominated by the President, experienced in administrative decision-making and not a member of the Professional Standards Committee during the decision subject to appeal.
6.4 Chair
The Appeals Committee appoints a Chair from its members for the appeal's purposes.
6.5 Appeals Committee Governance
Relevant sections of the Terms of Reference for the Professional Standards Committee apply to the
Appeals Committee.
6.6 Proceedings
The Appeals Committee may dismiss an appeal if it deems it frivolous, vexatious, lacking substance, malicious, not made in good faith, or if a significant time has passed since the decision. It may also investigate an appeal independently or delegate it to a Committee.
6.7 Appeals Principles
The appeal process adheres to principles ensuring adequate opportunity for appellants to present their case, decision-makers have no conflicts of interest, hearings are reasonable, all relevant information is considered, and decisions are documented and communicated in a reasonable time. Appellants must bring appeals after exhausting other dispute resolution avenues, avoid false or malicious appeals, provide requested information, and not obstruct the appeals process.
6.8 Basis for Decision
Decision-makers base their decisions on facts, sound reasoning, and relevant evidence.
Within twenty business days of receiving an appeal, the Appeals Committee:
Consider information from the original decision.
Consider any new information provided.
Investigate the appeal as needed.
6.9 Redirection and Adjournment of Matter
The Appeals Committee may refer a matter to external authorities or adjourn the appeal after seeking legal advice.
Upon redirection, the Appeals Committee may adjourn the appeal for any suitable period and must notify the Party promptly. If the matter is referred to an external authority, the Chair informs the Party and offers external counselling and support.
6.10 Decision
The Appeals Committee decides whether the appeal is substantiated or partially substantiated. If the appeal is not substantiated, sanctions from the original decision stand. If the appeal is substantiated, the Appeals Committee may reinstate the Member, issue an apology, issue a fresh resolution reversing the decision, or take no action. The Appeals Committee informs the Member of the results, the Board's actions, and the reasons within five national office business days.
6.11 Further Appeals
No further appeals are permitted. The decision on an appeal is final.
7. Amendment of this Code of Conduct
The Board reserves the right to amend this Code at any time.
8. Responsibilities
Board: Responsible for policy approval and amendments.
Chair: Responsible for receiving and assessing initial allegations against Members.
9. Glossary
Committee
Any Committee established by the Board under clause 44 and 45 of the ACAM Constitution.
Confidential Information
Includes information subject to confidentiality provisions, generated in Board proceedings, subject to privacy laws, or deemed confidential by nature.
Member
A member under clause 10 of the ACAM Constitution.
Practitioner Code of Conduct
Good Medical Practice: A Code of Conduct for Doctors in Australia", published by AHPRA.
ACAM Code of Conduct
It encompasses the Staff Code of Conduct, Fellowship Policy, and other policies regulating behaviour.
Staff
Any ACAM employee or contractor.
10. Related Documents, Legislation, and Policies
Appeals Policy
Fellowship Policy
Good Medical Practice: A Code of Conduct for Doctors in Australia
TGA: Guidelines for Advertising of Regulated Health Services
Health Practitioner Regulation National Law
ACAM Constitution
ACAM Terms of Reference of the Professional Standards Committee
Compliance: N/A
Guidance: N/A
11. Policy Review and Currency
This policy will undergo review every three years from the last approval date or with any significant change in its intent.