New South Wales Repealed Acts

This legislation has been repealed.

MEDICAL PRACTICE ACT 1992 - SECT 87

87 Appeals against decisions of a Committee

(1) A registered medical practitioner about whom a complaint is referred to a Committee, or the complainant, may appeal to the Tribunal against:

(a) a finding of the Committee, or

(b) the exercise of any power by the Committee under Division 4 (Disciplinary powers of Committees and Tribunal) of Part 4, or

(c) the exercise by the Chairperson or a Deputy Chairperson of the Tribunal of any power under that Division.

(2) An appeal must be made within 28 days (or such longer period as the Registrar may allow in a particular case) after:

(a) the handing down of the decision by which the Committee's finding is made, or

(b) the exercise of the power against which the appeal is made.

(3) The appeal must be lodged with the Registrar who is to refer it to the Tribunal.

(4) The appeal is to be dealt with by way of rehearing and fresh evidence, or evidence in addition to or in substitution for the evidence received at the inquiry, may be given.

(5) The Tribunal may:

(a) dismiss the appeal, or

(b) make any finding or exercise any power or combination of powers that the Tribunal could have made or exercised if the complaint had been originally referred to the Tribunal.

(6) An appeal under this section does not affect any finding or exercise of power with respect to which it has been made until the Tribunal makes an order on the appeal.