Subdivision 1 Appeals against actions of Committee
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
(a) a finding of the Committee;
(b) the exercise of a power by the Committee under Subdivision 3 of
(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
(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
(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
(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.