New South Wales Consolidated Acts

MEDICAL PRACTICE ACT 1992 - SECT 35

35 Appeal

(1) A person may appeal to the Tribunal against a decision of the Board to remove the person’s name from the Register under this Division but there is no right of appeal when the Board is required under this Division to remove the person’s name.

(2) The appeal must be lodged with the Registrar who is to refer it to the Tribunal.

(3) The appeal must be made within 28 days (or such longer period as the Registrar may allow in a particular case) after notice of the Board’s decision is given to the person.

(4) On the appeal, the Tribunal may dismiss the appeal or order that the person’s name be restored to the Register.

(5) An appeal does not affect the removal of a person’s name from the Register unless and until the Tribunal orders that it be restored to the Register.

(6) If the Tribunal dismisses the appeal, it may by order fix a time after which the person may apply to be registered. The person is then not entitled to be registered before that time (despite any entitlement under this Act to be registered).