Division 6Division 6 Appeals to Tribunal [NSW]
Subdivision 1 Appeals against actions of Committee [NSW]
158 Appeals against decisions of Committee [NSW]
(1) If a complaint about a registered health practitioner or student is referred to a Committee, the practitioner or student or the complainant, may appeal against any of the following to the Tribunal for the health profession—(a) a finding of the Committee;(b) the exercise of a power by the Committee under Subdivision 3 of Division 3;(c) the exercise by the Chairperson or a Deputy Chairperson of the Tribunal of a power under that Subdivision.(2) The appeal is to be dealt with by way of rehearing and fresh evidence, or evidence in addition to or in substitution for the evidence received at the inquiry, may be given.(3) The Tribunal may—(a) dismiss the appeal; or(b) make any finding or exercise any power the Tribunal could have made or exercised if the complaint had been originally referred to the Tribunal.(4) An appeal under this section does not affect any finding or exercise of power with respect to which it has been made until the Tribunal makes an order on the appeal.
158A Appeals on points of law [NSW]
(1) A registered health practitioner or student about whom a complaint is referred to a Committee or the complainant may appeal with respect to a point of law to the Chairperson of the Tribunal or a Deputy Chairperson nominated by the Chairperson.(2) An appeal may be made—(a) during an inquiry—within 28 days after the date of the Committee’s decision on the point of law which is the subject of the appeal; or(b) before the commencement of an inquiry but after the date of giving notice of the inquiry.(3) If an inquiry conducted by a Committee has not been completed when an appeal is made, the inquiry must not continue until the appeal has been disposed of.(4) The Committee must not make any decision that is inconsistent with the Chairperson’s or Deputy Chairperson’s determination with respect to the point of law.
Subdivision 2 Appeal against actions by Council [NSW]
(1) A person may appeal to the Tribunal for a health profession—(a) against a suspension by the Council for the health profession under Division 3 or a refusal to end a suspension; or(b) against conditions imposed by the Council for the health profession on the person’s registration under Division 3 or 4 or the alteration of the conditions by the Council; or(c) against a refusal by the Council for the health profession to alter or remove conditions imposed by the Council under Division 3 in accordance with a request made by the person under section 150I; or(d) against a decision by the Council for the health profession to give a direction or make an order in relation to the person under section 148E; or(e) against a refusal by the Council for the health profession to alter or remove conditions imposed on the person’s registration, or to end a suspension, imposed under Division 4 in accordance with a request made by the person under section 152K.(2) An appeal may not be made in respect of a request by a person that is rejected by a Council because it was made during a period in which the request was not permitted under section 150I or 152K.(3) The appeal is to be dealt with by reconsideration of the matter by the Tribunal and fresh evidence, or evidence in addition to or in substitution for the evidence that was before the Council when it considered the matter, may be given.
159A Appeal by student against order [NSW]
(1) A student may appeal to the Tribunal for a health profession against a decision of the Council for the health profession to issue an order—(a) suspending the student’s registration; or(b) imposing conditions on the student’s registration.(2) The appeal must be lodged with the Executive Officer who must refer it to the Tribunal.(3) The appeal must be made within 28 days, or the longer period as the Executive Officer may allow in a particular case, after notice of the Council’s decision is given to the student.(4) On an appeal, the Tribunal may by order terminate, vary or confirm the order, as it thinks proper.
159B Appeal on point of law [NSW]
(1) A registered health practitioner or student who is the subject of action taken by the Council for the health profession under section 150, 150A or 150C may appeal, with respect to a point of law, to the Chairperson or a Deputy Chairperson of the Tribunal for the health profession.(2) Subsection (1) does not limit a right of appeal under section 159.(3) The Council must not make a decision that is inconsistent with the Tribunal’s decision with respect to a point of law under this section.(4) A registered health practitioner or student may not make an application to the Supreme Court for judicial review of action taken by a Council under section 150, 150A or 150C, being an application alleging any error of law, until an appeal under this section in respect of the point of law concerned has been made and disposed of.
159C Tribunal’s powers on appeal [NSW]
(1) On an appeal, a Tribunal may by order terminate, vary or confirm a period of suspension or revoke, vary or confirm the conditions, as it thinks proper.(2) A Tribunal’s order must not cause a suspension or conditions imposed by a Council to have effect beyond the day on which a related complaint about the person is disposed of.
Subdivision 3 Appeal against actions of Performance Review Panel [NSW]
160 Appeals against decisions of Panel [NSW]
(1) A registered health practitioner who is the subject of a performance review may appeal to the Tribunal against a decision of the Performance Review Panel or any order or direction made by the Panel under Division 5.(2) The appeal is to be dealt with by way of rehearing and fresh evidence, or evidence in addition to or in substitution for the evidence received at the performance review, may be given.(3) The Tribunal may, as it thinks appropriate—(a) dismiss the appeal; or(b) make any finding or exercise any power or combination of powers that the Performance Review Panel could have made or exercised.
160A Appeals on points of law [NSW]
(1) A registered health practitioner who is the subject of a performance review may appeal with respect to a point of law to the Tribunal for the health profession in which the practitioner is registered.(2) An appeal may be made—(a) during a performance review—within 28 days after the date of the Performance Review Panel’s decision on the point of law that is the subject of the appeal; or(b) before the commencement of a performance review but after the date the practitioner is informed of the performance review.(3) If a performance review has not been completed when an appeal is made, the Performance Review Panel must not continue with the performance review until the appeal has been disposed of.(4) The Performance Review Panel must not make any decision that is inconsistent with the Tribunal’s determination with respect to the point of law.
Subdivision 4 Miscellaneous [NSW]
161 When appeal must be made [NSW]
An appeal under this Division or Division 14A, other than an appeal on a point of law, must be made—(a) within 28 days after the day the person making the appeal was given notice of the decision being appealed against; or(b) within the longer period allowed by the Executive Officer.
The appeal must be lodged with the Executive Officer who must refer it to the Tribunal.
161B Appeal does not stay decision [NSW]
An appeal under this Division does not operate to stay the effect of the decision being appealed against unless the Chairperson or a Deputy Chairperson of the Tribunal otherwise orders.