HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 159 Right of appeal [NSW[#93]

HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 159

159 Right of appeal [NSW[#93]

(1) A person may appeal to the Tribunal against any of the following decisions of a Council for a health profession--

(a1) against a reprimand by the Council for the health profession under Division 3;

(a) against a suspension by the Council for the health profession under Division 3 or a refusal to end a suspension;

(b) against conditions imposed by the Council for the health profession on the person's registration under section 127AA or Division 3 or 4 or the alteration of the conditions by the Council;

(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;

(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;

(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.

Note : An appeal under this section is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013 .

(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 way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence that was before the Council, may be given.