163BPowers on review [NSW]

163B Powers on review [NSW]

163B Powers on review [NSW]

(1) The appropriate review body must conduct an inquiry into an application for review and may then do any of the following—

(a) dismiss the application;

(b) make an order ending or shortening the period of the suspension concerned;

(c) make a reinstatement order;

(d) make an order altering or removing the conditions to which the person’s registration is subject, including by imposing new conditions;

(e) make an order—

(i) ending or shortening the period of a prohibition order; or

(ii) altering or removing the conditions to which the person is subject under a prohibition order, including by imposing new conditions.

(2) If the appropriate review body makes an order altering a critical compliance condition, or removing a critical compliance condition and imposing a new condition, the altered condition or new condition is a critical compliance condition unless the body orders otherwise.

(3) A reinstatement order is an order that the person may be registered in accordance with Part 7 if—

(a) the person makes an application for registration to the National Board; and

(b) the relevant National Board decides to register the person.

(3A) Any condition imposed on a person’s registration by the National Board under Part 7 applies but only to the extent that it is not inconsistent with conditions imposed or altered by the appropriate review body under subsection (4).

(4) The appropriate review body may also impose conditions on the person’s registration or alter the conditions to which the person’s registration is to be subject under the reinstatement order.

(5) The order on a review under this section may also provide that the order is not to be reviewed under this Division until after a specified time.

s 163B: Am 2012 No 39, Sch 1.1 [14].