Health Practitioners Competence Assurance Act 2003

5: Appeals

106 Rights of appeal




                                    Part 5

                                                  Appeals

    106 Rights of appeal

  (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.
Compare: 1995 No 95 s 116
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