Appealing decisions about registration of health professionals

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 person is a registered practitioner
• the practitioner's principal place of practice is located in NSW
• the person is a student undertaking an approved program of study or clinical training in NSW
• the person is not a student or a registered practitioner and lives in NSW 
• the person is not a student or a registered practitioner and the National Board nominates NCAT as the responsible tribunal. 

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):

• decision to refuse to register the person or renew the person’s registration
• decision to refuse to endorse the person’s registration or renew the endorsement of the person’s registration
• decision to impose, change or refuse to change or remove a select condition on a person’s registration or endorsement of registration 
• decision to refuse to change or revoke an undertaking given by the person to the Board.

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):

• confirm the decision made by the National Board
• amend the decision made by the National Board
• substitute the National Board’s decision with another decision which the National Board had the power to make.

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.

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.