New South Wales Repealed Acts

This legislation has been repealed.

MEDICAL PRACTICE ACT 1992 - SECT 89

89 Preliminary appeal on point of law

(1) An appeal with respect to a point of law may be made to the Supreme Court:

(a) during an inquiry conducted by the Tribunal, or after a complaint is referred to the Tribunal and before the commencement of the inquiry by the Tribunal, or

(b) during an appeal conducted by the Tribunal against the exercise by the Chairperson or Deputy Chairperson of the Tribunal of any power under Division 4 of Part 4, or after an appeal is made to the Tribunal against the exercise of such a power and before the commencement of the appeal before the Tribunal.

(2) An appeal under this section can be made only with the leave of the Chairperson or a Deputy Chairperson of the Tribunal.

(3) If the inquiry or appeal conducted by the Tribunal has not been completed when an appeal with respect to a point of law is made to the Supreme Court, the inquiry or appeal before the Tribunal is not to continue until the appeal to the Supreme Court has been disposed of.

(4) The Tribunal must not make any decision that is inconsistent with the Supreme Court's determination with respect to the point of law when it recommences the inquiry or appeal.