New South Wales Consolidated Acts

OSTEOPATHS ACT 2001 - SECT 75

75 Appeals against actions of the Board on a complaint

(1) When a complaint has been dealt with at a meeting of the Board under Division 4 of Part 4, the osteopath or the Commission may appeal to the Tribunal against:

(a) a finding of the Board, or

(b) the exercise of any power by the Board under Division 5 (Disciplinary powers of Board and Tribunal) of Part 4.

(2) An appeal must be made within 28 days (or such longer period as the Chairperson may allow in a particular case) after:

(a) the Board’s written statement of the decision by which the Board’s finding is made is made available to the appellant, 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 meeting of the Board, 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.