Div 13Appeals

Division 13—Appeals 199—Appellable decisions (1) A person who is the subject of any of the following decisions (an appellable decision) may appeal against the decision to the appropriate responsible tribunal for the appellable decision— (a) a decision by a National Board to refuse to register the person; (aa) a decision by a National Board to withdraw the person's registration; (b) a decision by a National Board to refuse to endorse the person's registration; (c) a decision by a National Board to refuse to renew the person's registration; (d) a decision by a National Board to refuse to renew the endorsement of the person's registration; (e) a decision by a National Board to impose or change a condition on a person's registration or the endorsement of the person's registration, other than— (i) a condition relating to the person's qualification for general registration in the health profession; and (ii) a condition imposed by section 112(3)(a); (f) a decision by a National Board to refuse to change or remove a condition imposed on the person's registration or the endorsement of the person's registration; (g) a decision by a National Board to refuse to change or revoke an undertaking given by the person to the Board; (h) a decision by a National Board to suspend the person's registration; (ha) a decision by a regulatory body to issue or extend an interim prohibition order under Division 7A; (hb) a decision by a regulatory body to make or revise a public statement under Division 7B; (i) a decision by a panel to impose a condition on the person's registration; (j) a decision by a health panel to suspend the person's registration; (ja) a decision by a health panel not to revoke a suspension; (k) a decision by a performance and professional standards panel to reprimand the person. (2) For the purposes of subsection (1), the appropriate responsible tribunal for an appellable decision is— (a) for a decision to take health, conduct or performance action in relation to a registered health practitioner or student— (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the decision occurred; or (ii) if the behaviour the subject of the decision occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner's principal place of practice is located; or (b) for another decision in relation to a registered health practitioner, the responsible tribunal for the participating jurisdiction in which the practitioner's principal place of practice is located; or (c) for another decision in relation to a student, the responsible tribunal for the participating jurisdiction in which the student is undertaking the approved program of study or clinical training; or (d) for a decision in relation to another person— (i) the responsible tribunal for the participating jurisdiction in which the person lives; or (ii) if the person does not live in a participating jurisdiction, the responsible tribunal for the participating jurisdiction nominated by the National Board that made the appellable decision and specified in the notice given to the person of the appellable decision. 200—Parties to the proceedings The parties to proceedings relating to an appellable decision being heard by a responsible tribunal are— (a) the person who is the subject of the appellable decision; and (b) the National Board that— (i) made the appellable decision; or (ii) established the panel that made the appellable decision; and (c) the National Agency if— (i) the appellable decision is a decision mentioned in section 199(1)(ha) or (hb); and (ii) the National Agency made the appellable decision. 201—Costs The responsible tribunal may make any order about costs it considers appropriate for the proceedings. 202—Decision (1) After hearing the matter, the responsible tribunal may— (a) confirm the appellable decision; or (b) amend the appellable decision; or (c) substitute another decision for the appellable decision. (2) In substituting another decision for the appellable decision, the responsible tribunal has the same powers as the entity that made the appellable decision. 203—Relationship with Act establishing responsible tribunal This Division applies despite any provision to the contrary of the Act that establishes the responsible tribunal but does not otherwise limit that Act.