112Determination of appeal

#### 112 Determination of appeal 112 Determination of appeal (cf PH Act s 33O) > > (1) Subject to this Part and the regulations, a Committee must determine the appeal and may make such orders with respect to the matter being appealed as the Committee considers proper. > > > (1A) Following its determination of an appeal, if a Committee considers on reasonable grounds that— > > > > > (a) serious concerns exist in relation to the performance or competence of the appellant, or > > > > > (b) the appellant has engaged in conduct that may constitute professional misconduct or unsatisfactory professional conduct under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), or > > > > > (c) the appellant may have an impairment under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), > > > > > (d) (Repealed) > > > > the Chairperson of the Committee may refer the matter to the Medical Council of New South Wales (in the case of a medical practitioner) or the Dental Council of New South Wales (in the case of a dentist) to be dealt with as a complaint under Part 8 of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a). > > > (2) If a public health organisation refused to re-appoint the appellant because it had appointed persons to all its available relevant positions that it considered to be better applicants, the Committee cannot order the re-appointment of the appellant unless it specifies in the order which one of those other practitioners’ appointments is to be made available to the appellant. > > > (3) The Chairperson of the Committee is to notify the Minister in writing of any order of the Committee made under this section. > > > (4) In this section— > > > > relevant position means any position as a visiting practitioner of the public health organisation that is of the kind to which the appellant seeks re-appointment. > > **s 112:** Am 2007 No 89, Sch 2.5 \[4\]; 2010 No 34, Sch 2.27 \[8\]–\[10\].