150AReview of certain decisions [NSW]

150A Review of certain decisions [NSW]

150A Review of certain decisions [NSW]

(1) A registered health practitioner or student may apply to a Council for the review of a decision of the Council under section 150 to—

(a) suspend the practitioner’s or student’s registration; or

(b) impose conditions on the practitioner’s or student’s registration or alter conditions imposed on the practitioner’s or student’s registration.

(2) On receiving an application for review, a Council—

(a) may refuse to reconsider its decision if, in the Council’s opinion, the application is frivolous or vexatious; or

(b) must otherwise reconsider its decision, and in so doing must consider any new evidence or material submitted by the practitioner or student that the Council reasonably considers is relevant.

(3) Following its reconsideration of a decision, a Council may—

(a) affirm or vary the decision; or

(b) set it aside and take any action the Council has the power to take under section 150.

(4) A Council may vary or set aside a decision only if the Council is satisfied there has been a change in the registered health practitioner’s or student’s circumstances that justifies the variation or setting aside of the decision.

(5) If a Council makes a decision under subsection (2)(a) or (3) in relation to a registered health practitioner or student, the Council must give written notice of the following to the registered health practitioner or student—

(a) the decision;

(b) the reasons for the decision.

(6) A written notice under subsection (5)(b) about the reasons for a decision under this section is not admissible in evidence in—

(a) civil or criminal proceedings in a court of law, other than proceedings under this Law; or

(b) an inquest or inquiry under the Coroners Act 2009.

s 150A: Am 2024 No 26, Sch 2[3].