Some decisions and orders made under the Health Practitioners Competence Assurance (HPCA) Act 2003 may be subject to review by the full Board (if made under delegation) [refer Schedule 3, s 18], judicial review, and/or appeal to the courts. Section 107 of the HPCA Act requires the Board’s Registrar to notify a person in writing of their right of appeal and the time within which an appeal must be lodged whenever notifying them under this Act of any decision or order against which section 106 gives him or her a right of appeal.
Part 5 of the HPCA Act outlines appeal rights and processes. In summary, section 106 (Rights of appeal) states that:
(1) A person may appeal to a District Court against any decision or direction of an authority to;
(a) decline to register the person as a health practitioner with the authority; or
(b) decline to authorise a change to the existing scope of practice of the person; or
(c) decline to issue a practising certificate to the person; or
(d) suspend his or her practising certificate or registration; or
(e) cancel his or her registration with the authority; or
(f) include conditions in the person's scope of practice or the person's proposed scope of practice; or
(g) vary any conditions in the person's scope of practice.
(2) A person may appeal to the High Court against the whole or any part of;
(a) a finding under section 100 in respect of the person; or
(b) an order made by the Tribunal under section 92(4) or section 101 in respect of the person; or
(c) a decision made by the Tribunal on an application by the person under section 94; or
(d) any order made by the Tribunal under section 95 in respect of the person or any decision to refuse to make such an order; or
(e) a decision of the Tribunal on an application under section 99.
(3) A person (being the Director of Proceedings or a professional conduct committee) who has laid a charge against a health practitioner may appeal to the High Court against a finding or decision or order of the Tribunal that relates to the charge.
(4) An appeal;
(a) must be brought to the appropriate court by way of notice of appeal in accordance with rules of court; and
(b) must be lodged within 20 working days after notice of the decision or order is communicated to the appellant, or within any further time a District Court Judge or, as the case requires, a High Court Judge allows on application made before or after the period expires.
It should be noted that any orders made by the Board (or their delegate) have effect pending the determination of any appeal. A decision or order against which an appeal is lodged continues in force unless the District Court or the High Court orders otherwise. [Refer s 108]