HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 175 Appellable decisions [NSW[#93]

HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 175

175 Appellable decisions [NSW[#93]

(1) A person who is the subject of any of the following decisions (an
"appellable decision" ) may appeal against the decision to the appropriate responsible tribunal for the appellable decision--

(a) a decision by a National Board to refuse to register the person;

(a1) a decision by a National Board to withdraw the person's registration;

(b) a decision by a National Board to refuse to endorse the person's registration;

(c) a decision by a National Board to refuse to renew the person's registration;

(d) a decision by a National Board to refuse to renew the endorsement of the person's registration;

(e) a decision by a National Board to impose or change a condition on a person's registration or the endorsement of the person's registration, other than--

(i) a condition relating to the person's qualification for general registration in the health profession; and

(ii) a condition imposed by section 112(3)(a);

(f) a decision by a National Board to refuse to change or remove a condition imposed on the person's registration or the endorsement of the person's registration;

(g) a decision by a National Board to refuse to change or revoke an undertaking given by the person to the Board.

Note : An appeal under this section to the Tribunal in its capacity as an appropriate responsible tribunal is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013 .

(2) For the purposes of subsection (1), the
"appropriate responsible tribunal" for an appellable decision is--

(a) for a decision in relation to a registered health practitioner, the responsible tribunal for the participating jurisdiction in which the practitioner's principal place of practice is located; or

(b) for a decision in relation to a student, the responsible tribunal for the participating jurisdiction in which the student is undertaking the approved program of study or clinical training; or

(c) for a decision in relation to another person--

(i) the responsible tribunal for the participating jurisdiction in which the person lives; or

(ii) if the person does not live in a participating jurisdiction, the responsible tribunal for the participating jurisdiction nominated by the National Board that made the appellable decision and specified in the notice given to the person of the appellable decision.

(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 National Board, may be given.

Note : This section is a substituted New South Wales provision.