Division 1Division 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.