Reviewing orders about registration of health professionals

The following are examples of some of the orders which a person may apply to have reviewed (s 163A):

• an order that the person is prohibited from providing health services or specified health services (a prohibition order)
• an order that the person’s registration is suspended or cancelled
• an order that the person is disqualified from being registered in a particular health profession
• an order that conditions be imposed on the person’s registration.

A person cannot apply to have an order reviewed:

• while the terms of the order provide that an application for review may not be made
• while an appeal to NCAT or the Supreme Court in respect of the same matter is pending.

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:

• the review is to determine the appropriateness of the order concerned at the time of the review
• it is not to review the decision to make the order or any findings made in connection with the making of that decision
• the review must take into account any complaint made or notified to a Council or a National Board (or a former Board) about the person regardless of the time of notification or outcome of the complaint.

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):

• dismiss the application
• end or shorten the period of a suspension and/or a prohibition order
• alter or remove the conditions on the person’s registration and/or prohibition order
• a reinstatement order that the person may be registered if the National Board and the National Board decides to register the person
• impose or alter conditions on a person’s registration under the reinstatement order.

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.

See professional discipline of health professionals for information on the ability for parties to appeal against a decision made by NCAT for the purposes of the National Law.