Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 78

Review by VCAT

78. Review by VCAT



(1) A health practitioner who is the subject of the relevant decision, finding
or determination may apply to VCAT for review of-

   (a)  a decision to refuse a person's application for registration or
        renewal of registration; or

   (b)  a decision to refuse a person's application for endorsement of
        registration under Division 2 of Part 2 or for renewal of that
        endorsement; or

   (c)  a decision to impose a condition on a person's registration or
        endorsement of registration otherwise than by agreement; or

   (d)  a decision to cancel the interim registration of a health
        practitioner; or

   (e)  a finding or determination made at a panel hearing under Part 3; or

   (f)  a decision to suspend the registration of a health practitioner, if
        the responsible board has not instituted an investigation into the
        professional conduct, professional performance or ability to practise
        of that health practitioner within a reasonable time after having
        suspended that registration; or

   (g)  a decision to accept under section 40 an agreement by a health
        practitioner to alter the way in which he or she practises as a health
        practitioner if the responsible board has not instituted an
        investigation into the health practitioner's professional conduct or
        ability to practise within a reasonable time after having accepted the
        agreement.

(2) A student whose interests are affected by the relevant decision, finding
or determination may apply to VCAT for review of-

   (a)  a decision to refuse a student's application for registration or
        renewal of registration; or

   (b)  a decision to impose a condition on a student's registration otherwise
        than by agreement; or

   (c)  a finding or determination made at a health panel hearing under
        Part 3; or





   (d)  a decision to suspend the registration of a student, if the
        responsible board has not instituted an investigation into the ability
        of the student to undertake clinical training within a reasonable time
        after having suspended that registration; or

   (e)  a decision to accept under section 40 an agreement by a student to
        alter the way in which he or she undertakes clinical training if the
        responsible board has not instituted an investigation into the ability
        of the student to undertake clinical training within a reasonable time
        after having accepted the agreement.

(3) A person whose interests are affected by the relevant decision, finding or
determination may apply to VCAT for review of-

   (a)  a decision to refuse the person's application for approval under
        Part 6; or

   (b)  a decision to impose conditions on an approval under Part 6; or

   (c)  a decision to revoke an approval under Part 6.

(4) The application must be made within 28 days after the date on which-

   (a)  the person concerned receives notice from the responsible board of the
        decision, finding or determination and the reasons for the decision,
        finding or determination; and

   (b)  in the case of applications made under subsection (1)(f) or (g) or
        (2)(d) or (e), the student or practitioner requests in writing that an
        investigation be conducted.



Division 3-Publicising disciplinary action