New South Wales Consolidated Acts

OSTEOPATHS ACT 2001 - SECT 17

17 Appeals concerning registration

(1) A person who is aggrieved by any of the following decisions of the Board may appeal to the Tribunal against the decision:

(a) the Board’s refusal to grant the person full registration,

(b) the Board’s refusal to grant the person temporary registration,

(c) the Board’s decision to refuse to register the person under section 14 or to grant the person registration subject to conditions under that section,

(d) the Board’s cancellation of the person’s provisional registration or temporary registration,

(e) the Board’s refusal to register the person under clause 28 (Entitlement to re-registration if fee paid) of Schedule 1.

(2) An appeal must be made within 28 days (or such longer period as the Chairperson may allow in a particular case) after notice of the decision is given to the person. The appeal is to be lodged with the Registrar who is to refer it to the Tribunal.

(3) If the decision in respect of which an appeal is made was made as a consequence of an inquiry held by the Board, 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.

(4) An appeal does not affect any determination with respect to which it is made until the appeal is determined.

(5) When it determines an appeal, the Tribunal may dismiss the appeal or order that the decision of the Board be revoked and replaced by a different decision made by the Tribunal and specified in the order. The Tribunal may also make such ancillary orders as it thinks proper.

(6) The Tribunal’s decision is taken to be a decision of the Board (but this does not confer a right of appeal under this section in respect of the Tribunal’s decision).

(7) No appeal lies under this Act against a decision of the Board under the Mutual Recognition laws in relation to its functions under that Act.

Note: The Mutual Recognition laws provide that a person may, subject to the Administrative Appeals Tribunal Act 1975 of the Commonwealth, apply to the Administrative Appeals Tribunal for a review of a decision of a local registration authority in relation to its functions under the Mutual Recognition laws. Those functions include registration, the imposition or waiver of conditions on registration and the postponement, refusal or reinstatement of registration.