A health practitioner or student can appeal to NCAT against a decision about registration.
Steps in appealing a decision made about a health practitioner or student's registration.
A National Board can make decisions about the registration of a health professional. NCAT may only hear an appeal about such a decision if one of the following applies:
The following are examples of some of the decisions made by a National Board which a person may appeal to NCAT to have reviewed (s 175):
Consider whether you want a lawyer to represent you in the appeal. See professional discipline of health professionals for information on representation.
After receiving the decision, a practitioner or student has 28 days to file an External Appeal Form with NCAT (s 161).
If you want to lodge an application but the deadline has passed, you will need to ask NCAT for an extension of time. You will need to provide reasons why you were unable to file the appeal within time. It is up to the discretion of NCAT whether or not to grant an extension of time.
The respondent in the appeal is the National Board who made the decision being appealed against. NCAT will serve the appeal on the respondent National Board.
The parties will receive a Notice from NCAT informing them of the date, time and location to attend a directions hearing. The appeal itself will not be heard at the directions hearing.
See professional discipline of health professionals for more information about what occurs at a directions hearing.
A hearing will take place unless it is dispensed with by NCAT, for example where both parties consent to the matter being determined only on the material and submissions filed by the parties. Both parties in the appeal will be given the opportunity to present the evidence of their case.
The appeal is to be dealt with by way of a rehearing which means that NCAT will decide the outcome based on the evidence before it.
See professional discipline of health professionals for general information about who makes up the Tribunal panel.
The following are some examples of the orders NCAT may make (s 175C):
NCAT may order a party to pay costs to another person (cl 13 of Sch 5D). See professional discipline of health professionals for more information.
NCAT’s decision will be published on the NSW Caselaw website.
08 Sep 2022
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