Health Ombudsman Act 2013
sec.243Powers of court on appeal
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sec.243 Powers of court on appeal
In deciding an appeal, the Magistrates Court— has the same powers as the health ombudsman in making the review decision appealed against; and is not bound by the rules of evidence; and must comply with natural justice. An appeal is by way of rehearing. The court may— confirm the review decision; or set aside the review decision and substitute another decision; or set aside the review decision and return the matter to the health ombudsman with directions the court considers appropriate. (sec.243-ssec.1) In deciding an appeal, the Magistrates Court— has the same powers as the health ombudsman in making the review decision appealed against; and is not bound by the rules of evidence; and must comply with natural justice. (sec.243-ssec.2) An appeal is by way of rehearing. (sec.243-ssec.3) The court may— confirm the review decision; or set aside the review decision and substitute another decision; or set aside the review decision and return the matter to the health ombudsman with directions the court considers appropriate.
- (a) has the same powers as the health ombudsman in making the review decision appealed against; and
- (b) is not bound by the rules of evidence; and
- (c) must comply with natural justice.
- (a) confirm the review decision; or
- (b) set aside the review decision and substitute another decision; or
- (c) set aside the review decision and return the matter to the health ombudsman with directions the court considers appropriate.