Where the Panel of the ICRC makes a referral, the Fitness to Practise Committee is responsible for holding a hearing to determine the capacity or “fitness” of the RMT to practise the profession. Hearings are conducted by Panels composed of at least three people, one of whom must be a public appointee of the College’s Council.
The burden of proving that the RMT is incapacitated rests with the College. If an RMT is found to be incapacitated, the Fitness to Practise Panel may:
• Revoke (take away) the RMT’s Certificate of Registration;
• Suspend the RMT’s Certificate of Registration (generally until the RMT has demonstrated to the College’s satisfaction that they have recovered); or
• Impose terms, conditions or limitations on the RMT’s Certificate of Registration for a specified or indefinite period of time.
The Panel may also specify criteria that must be satisfied for the removal of terms, conditions or limitations or for the suspension to be lifted.
Unlike disciplinary hearings, a fitness to practise hearing will only be open to the public if the RMT involved makes a written request in advance. Before agreeing to an open hearing, the Panel must be satisfied that any negative consequences of revealing the information will not outweigh the benefits of an open hearing.
The public is entitled to know the results of a Fitness to Practise hearing if the RMT’s Certificate of Registration is revoked or suspended, or has terms, conditions or limitations imposed on it. This information is made available on the College’s public register.