158Appeals against decisions of Committee [NSW]

158 Appeals against decisions of Committee [NSW]

158 Appeals against decisions of Committee [NSW]

(1) If a complaint about a registered health practitioner or student is referred to a Committee, the practitioner or student or the complainant, may appeal against any of the following to the Tribunal—

(a) a finding of the Committee;

(b) the exercise of a power by the Committee under Subdivision 3 of Division 3;

(c) the exercise by the Tribunal List Manager of a power under that Subdivision.

Note.

An appeal under this section is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013.

(2) 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 inquiry, may be given.

(3) The Tribunal may—

(a) dismiss the appeal; or

(b) make any finding or exercise any power the Tribunal could have made or exercised if the complaint had been originally referred to the Tribunal.

(4) 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.

s 158: Am 2013 No 95, Sch 6.4 [23]–[25].