159Right of appeal [NSW]

159 Right of appeal [NSW]

159 Right of appeal [NSW]

(1) A person may appeal to the Tribunal against any of the following decisions of a Council for a health profession—

(a1) against a reprimand by the Council for the health profession under Division 3;

(a) against a suspension by the Council for the health profession under Division 3 or a refusal to end a suspension;

(b) against conditions imposed by the Council for the health profession on the person’s registration under section 127AA or Division 3 or 4 or the alteration of the conditions by the Council;

(c) against a refusal by the Council for the health profession to alter or remove conditions imposed by the Council under Division 3 in accordance with a request made by the person under section 150I;

(d) against a decision by the Council for the health profession to give a direction or make an order in relation to the person under section 148E;

(e) against a refusal by the Council for the health profession to alter or remove conditions imposed on the person’s registration, or to end a suspension, imposed under Division 4 in accordance with a request made by the person under section 152K.

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) An appeal may not be made in respect of a request by a person that is rejected by a Council because it was made during a period in which the request was not permitted under section 150I or 152K.

(3) The appeal is to be dealt with by way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence that was before the Council, may be given.

s 159: Am 2012 No 39, Sch 1.1 [10]; 2013 No 95, Sch 6.4 [29]–[31]; 2016 No 4, Sch 1 [14]; 2017 No 50, Sch 1 [5]; 2018 No 22, Sch 2 [4].