New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 25

25 Tribunal to review certain public health orders

(1) An application may be made to the Tribunal for confirmation of a public health order based on a Category 5 medical condition.

(2) The Tribunal is, as soon as practicable, to inquire into the circumstances surrounding the making of the order and:

(a) if satisfied that the making of the order was justified-is to confirm the order or vary the order and confirm it as varied, or

(b) if not so satisfied-is to revoke the order.

(3) The Tribunal may vary the order only by:

(a) adding a requirement that could have been included in the order when made, or

(b) substituting any such requirement for any one or more of them already included in the order.

(4) The Tribunal may, from time to time, adjourn an inquiry under this section for not more than 7 days.

(5) For the purposes of an inquiry under this section, the Tribunal may:

(a) obtain the assistance of any person having medical or other qualifications relevant to the subject-matter of the inquiry, and

(b) take into account a certificate given by such a person.

(6) A decision of the Tribunal made in proceedings determining an application under this section is an appealable decision for the purposes of Part 1 of Chapter 7 of the Administrative Decisions Tribunal Act 1997 .