Australian Capital Territory Numbered Regulations

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HEALTH PROFESSIONALS REGULATIONS 2004 (NO 41 OF 2004) - REG 73

Hearing and decision on leave application

    (1)     This regulation applies to a leave application made under regulation 72 in relation to a disputed election application.

    (2)     The electoral commissioner, and each respondent to the disputed election application, are entitled to appear as respondents to the leave application.

    (3)     Anyone else may appear as a respondent to the leave application only with the leave of the Court of Disputed Health Elections.

    (4)     In deciding the leave application, the Court of Disputed Health Elections must inquire into the reasons for the application and decide whether it was—

        (a)     the result of an agreement, arrangement or understanding; or

        (b)     in consideration of—

              (i)     the position on the health profession board that is in issue being vacated in the future; or

              (ii)     the withdrawal of another disputed election application; or

              (iii)     anything else.

    (5)     The Court of Disputed Health Elections must publish its reasons for a decision as if it were a judgment and give a copy of them to the electoral commissioner.



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