A health practitioner or student can apply to NCAT to review an order about registration.
Step-by-step guide of what is involved in applying to have orders about registration reviewed.
The following are examples of some of the orders which a person may apply to have reviewed (s 163A):
A person cannot apply to have an order reviewed:
The application for review must be lodged with the Executive Officer of the Council for the health profession in which the person is or was registered. If the application is instead lodged with NCAT, NCAT will ask the Executive Officer of the relevant Council if they want to refer the application to the NCAT.
Consider whether you want a lawyer to represent you in the appeal. See professional discipline of health professionals for information on representation.
The Executive Officer of the relevant Council will refer the application for review to NCAT unless the order being reviewed provides that it may be reviewed by the Council.
The Health Care Complaints Commission (HCCC) or the relevant Health Professional Council is entitled to appear as the respondent in NCAT proceedings.
A party may apply to NCAT that a different review body should hear the application for review, for example, the relevant Council or National Board. If this occurs, NCAT will decide who the appropriate review body is before conducting the review.
The parties will receive a Notice from NCAT informing them of the date, time and location to attend a directions hearing. The application 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.
The hearing will be a review of the order concerned which means:
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 163B):
When making its orders, NCAT can set a non-review period during which the person cannot seek to review one or more of the orders (under Div 8 of Pt 8).
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 can make an order that the applicant pay the costs of the respondent Council or the HCCC even if the applicant succeeds in the application to be reinstated or otherwise.
NCAT’s decision will be published on the NSW Caselaw website.
08 Sep 2022
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.