Division 1 Appeals against actions of a Committee
87 Appeals against decisions of a Committee
(1) A registered medical practitioner about whom a complaint is referred to a Committee, or the complainant, may appeal to the Tribunal against:(a) a finding of the Committee, or(b) the exercise of any power by the Committee under Division 4 (Disciplinary powers of Committees and Tribunal) of Part 4, or(c) the exercise by the Chairperson or a Deputy Chairperson of the Tribunal of any power under that Division.(2) An appeal must be made within 28 days (or such longer period as the Registrar may allow in a particular case) after:(a) the handing down of the decision by which the Committee’s finding is made, or(b) the exercise of the power against which the appeal is made.(3) The appeal must be lodged with the Registrar who is to refer it to the Tribunal.(4) 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.(5) The Tribunal may:(a) dismiss the appeal, or(b) make any finding or exercise any power or combination of powers that the Tribunal could have made or exercised if the complaint had been originally referred to the Tribunal.(6) 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.
(1) A registered medical practitioner 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.
Division 2 Appeals against actions of Tribunal
89 Preliminary appeal on point of law
(1) An appeal with respect to a point of law may be made to the Supreme Court:(a) during an inquiry conducted by the Tribunal, or after a complaint is referred to the Tribunal and before the commencement of the inquiry by the Tribunal, or(b) during an appeal conducted by the Tribunal against the exercise by the Chairperson or Deputy Chairperson of the Tribunal of any power under Division 4 of Part 4, or after an appeal is made to the Tribunal against the exercise of such a power and before the commencement of the appeal before the Tribunal.(2) An appeal under this section can be made only with the leave of the Chairperson or a Deputy Chairperson of the Tribunal.(3) If the inquiry or appeal conducted by the Tribunal has not been completed when an appeal with respect to a point of law is made to the Supreme Court, the inquiry or appeal before the Tribunal is not to continue until the appeal to the Supreme Court has been disposed of.(4) The Tribunal must not make any decision that is inconsistent with the Supreme Court’s determination with respect to the point of law when it recommences the inquiry or appeal.
90 Appeal against Tribunal’s decisions and actions
(1) A person about whom a complaint is referred to the Tribunal, or the complainant, may appeal to the Supreme Court against:(a) a decision of the Tribunal with respect to a point of law, or(b) the exercise of any power by the Tribunal under Division 4 (Disciplinary powers of Committees and Tribunal) of Part 4.(1A) A person who is a party to an appeal to the Tribunal against the exercise by the Chairperson or a Deputy Chairperson of the Tribunal of any power under Division 4 of Part 4 (including the complainant in respect of the matter), may appeal to the Supreme Court against:(a) a decision of the Tribunal with respect to a point of law, or(b) the exercise of any power by the Tribunal under section 87.(2) An appeal under this section must be made within 28 days (or such longer period as the Court may allow in a particular case) after the handing down of the decision or the exercise of power against which the appeal is made.(3) The Supreme Court may stay any order made by the Tribunal, on such terms as the Court sees fit, until such time as the Court determines the appeal.
(1) In determining the appeal, the Supreme Court may:(a) dismiss the appeal, or(b) make such order as it thinks proper having regard to the merits of the case and the public welfare, and in doing so may exercise any one or more of the powers of the Tribunal under this Act.(2) If the Court dismisses an appeal against an order of the Tribunal, the Court may by order direct that the Tribunal’s order is to be taken to include provision that an application for its review under Division 3 may not be made until after a specified time.
Division 3 Review of suspension, deregistration or conditions
(1) A person may apply to the appropriate review body for a review of a prohibition order in respect of the person or of an order of a Committee, a Performance Review Panel, the Chairperson or a Deputy Chairperson, the Tribunal or the Supreme Court:(a) that the person is suspended from practising medicine, or(b) that the person’s name be removed from the Register or that the person not be re-registered, or(c) that conditions be placed on the person’s registration.(2) A person may also apply to the appropriate review body for a review of an order made under this Division.(3) An application for review of an order may not be made:(a) while the terms of the order provide that an application for review may not be made, or(b) while an appeal under this Part to the Tribunal or the Supreme Court in respect of the same matter is pending.
93 The appropriate review body
(1) The appropriate review body is the Tribunal except in a case where the order being reviewed provides that it may be reviewed by the Board, in which case the Board is the appropriate review body.(2) An application for review must be lodged with the Registrar of the Tribunal who is to refer it to the appropriate review body.
(1) The appropriate review body is to conduct an inquiry into an application for review and may then do any of the following:(a) dismiss the application,(b) by its order terminate or shorten the period of the suspension concerned,(c) make a reinstatement order,(d) make an order altering the conditions to which the person’s registration is subject (including by imposing new conditions),(e) by its order terminate or shorten the period of a prohibition order or alter the conditions to which the person is subject under a prohibition order (including by imposing new conditions).(2) A reinstatement order is an order that the person be registered subject to the same conditions and limitations (if any) to which the person’s registration was subject immediately before the person ceased to be registered. The appropriate review body may also impose conditions on the person’s registration or alter the conditions to which the person’s registration is to be subject under the reinstatement order.(3) The Board is to cause such recordings to be made in the Register as may be necessary to give effect to a reinstatement order.(4) The order on a review under this section may also provide that the order is not to be reviewed under this Division until after a specified time.
94A Inquiry into review application
(1) A review under this Division is a review to determine the appropriateness, at the time of the review, of the order concerned.(2) The review is not to review the decision to make the order, or any findings made in connection with the making of that decision, unless significant fresh evidence is produced that was not previously available for consideration, and the appropriate review body is of the opinion that, in the circumstances of the case, the decision to make the order, or any finding on which the decision was based, should be reconsidered.(3) In addition to any other matter that the review may take into account, the review must take into account any complaint made or notified to the Board about the person, whether the complaint was made or notified before or after the making of the order that is the subject of the review and whether or not the complaint was referred under Division 3 of Part 4 or any other action was taken on the complaint.
Division 4 Appeal against suspension by Board
(1) A person may appeal to the Tribunal:(a) against a suspension or extension of a suspension by the Board under Part 4, or(b) against conditions imposed by the Board on the person’s registration under Part 4 or Part 5 or any alteration of those conditions by the Board, or(c) against a refusal by the Board to alter or remove conditions imposed by the Board under Part 4 in accordance with a request made by the person under section 69A, or(d) against a refusal by the Board to alter or remove conditions imposed on the person’s registration, or to terminate or shorten a suspension, imposed under Part 5 in accordance with a request made by the person under section 81A.(2) An appeal may not be made in respect of a request by a person that is rejected by the Board because it was made during a period in which the request was not permitted under section 69A or 81A.(3) An appeal must be made within 28 days (or such longer period as the Registrar may allow in a particular case) after notice of the action taken by the Board, or the Board’s refusal, is given to the person.
(1) Without affecting any right of appeal under section 95, a registered medical practitioner who is the subject of action taken by the Board under section 66, 66A or 66AB 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 under this section does not operate to stay the effect of the Board’s decision unless the Chairperson or Deputy Chairperson otherwise orders.(3) The Board must not make any decision that is inconsistent with the Chairperson’s or Deputy Chairperson’s determination with respect to a point of law under this section.(4) A registered medical practitioner may not make an application to the Supreme Court for judicial review of action taken by the Board under section 66, 66A or 66AB, 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.
96 Appeal to be lodged with Registrar
An appeal is to be lodged with the Registrar who is to refer it to the Tribunal.
97 Tribunal’s powers on appeal
(1) On an appeal, the Tribunal may by order terminate, vary or confirm the period of suspension or revoke, vary or confirm the conditions, as it thinks proper.(2) The Tribunal’s order must not cause a suspension or conditions imposed by the Board to have effect beyond the day on which any related complaint about the person is disposed of.
An appeal under this Division does not affect any suspension or conditions with respect to which it has been made until the Tribunal makes an order on the appeal.
Division 5 Appeal against actions of Performance Review Panel
98A Appeals against decisions of Panel
(1) A registered medical practitioner who is the subject of a performance review by a Performance Review Panel may appeal to the Tribunal against a decision of the Panel or any order or direction made by the Panel under Part 5A.(2) An appeal must be made within 28 days (or such longer period as the Registrar may allow in a particular case) after notice of the decision or the making of the order or direction is given to the registered medical practitioner.(3) The appeal must be lodged with the Registrar who is to refer it to the Tribunal.(4) 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.(5) 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.(6) 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.
(1) A registered medical practitioner who is the subject of a performance review by a Performance Review Panel 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 a performance review—within 28 days after the date of the Panel’s decision on the point of law that is the subject of the appeal, or(b) before the commencement of a performance review by a Panel 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 Chairperson’s or Deputy Chairperson’s determination with respect to the point of law.