New South Wales Repealed Acts

This legislation has been repealed.

MEDICAL PRACTICE ACT 1992 - SECT 98A

98A Appeals against decisions of Panel

(1) A registered medical practitioner who is the subject of a performance review by a Performance Review Panel may appeal to the Tribunal against a decision of the Panel or any order or direction made by the Panel under Part 5A.

(2) An appeal must be made within 28 days (or such longer period as the Registrar may allow in a particular case) after notice of the decision or the making of the order or direction is given to the registered medical practitioner.

(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 performance review, may be given.

(5) The Tribunal may, as it thinks appropriate:

(a) dismiss the appeal, or

(b) make any finding or exercise any power or combination of powers that the Performance Review Panel could have made or exercised.

(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.