100Right of appeal or review about Australian practising certificates

100 Right of appeal or review about Australian practising certificates

100 Right of appeal or review about Australian practising certificates

(1) An applicant for or the holder of an Australian practising certificate may, in accordance with applicable jurisdictional legislation, appeal to the designated tribunal against, or seek a review by that tribunal of, any of the following decisions of the designated local regulatory authority under this Chapter—

(a) a decision to refuse to grant or renew the Australian practising certificate;

(b) a decision to vary, suspend or cancel the Australian practising certificate or, without limitation, to impose a condition on the Australian practising certificate;

(c) a decision that a person is not entitled to apply for an Australian practising certificate for a specified period (see section 94).

(2) An appeal or review under this section may be made to review the merits of the decision concerned.

(3) The designated tribunal may make any order it considers appropriate on an appeal or review under this section, including any of the following orders—

(a) an order directing the designated local regulatory authority to grant, or to refuse to grant, an application for an Australian practising certificate;

(b) an order directing the designated local regulatory authority to suspend for a specified period or cancel an Australian practising certificate, or to reinstate an Australian practising certificate that has been suspended or cancelled;

(c) an order that an applicant or holder is not entitled to apply for the grant of an Australian practising certificate for a specified period not exceeding 5 years;

(d) an order directing the designated local regulatory authority to vary an Australian practising certificate in the manner specified by the designated tribunal.

(4) Except to the extent (if any) that may be ordered by the designated tribunal, the lodging of an appeal or application for review under this section does not stay the effect of the refusal, variation, suspension or cancellation concerned.

(5) The designated tribunal may not order the imposition of conditions on an Australian practising certificate without first taking submissions from the designated local regulatory authority.