Appeals

Appeal provisions are set out in part 5 of the Health Practitioners Competence Assurance Act 2003.

Rights of appeal to the District Court

Practitioners may appeal to a District Court against a decision of the Osteopathic Council to:

• decline registration
• decline an application for change to the existing scope of practice
• decline an annual practising certificate application
• suspend the practitioner's practising certificate or registration
• cancel registration
• include conditions in the practitioner's scope of practice or proposed scope of practice
• vary any conditions in the practitioner's scope of practice.

Rights of appeal to the High Court

Practitioners may appeal to the High Court against:

• a finding by the Health Practitioners Disciplinary Tribunal under s.100
• an order made by the Tribunal under s.92(4) or s.101
• a decision made by the Tribunal on an application by the person under s.94
• any order, or refusal to make such an order, by the Tribunal under s.95
• a decision of the Tribunal on an application under s.99.

An appeal must be brought to the appropriate court by way of notice of appeal in accordance with rules of the court and must be lodged within 20 working days after the notice of the authority decision or order is communicated to the appellant.

It is normal for practitioners seeking to exercise a right of appeal to seek the advice and services of a lawyer to act on their behalf.