Health Practitioners

Reviews of Decisions made by a National Health Practitioners Medical Board

From 9 August 2019 the Tribunal will have jurisdiction to review decisions made under the Health Practitioners Regulation National Law (South Australia) Act 2010, made by one of the below national medical boards:

  • Aboriginal and Torres Strait Islander Health Practice Board of Australia
  • Chinese Medicine Board of Australia
  • Chiropractic Board of Australia
  • Dental Board of Australia
  • Medical Board of Australia
  • Medical Radiation Practice Board of Australia
  • Nursing and Midwifery Board of Australia
  • Occupational Therapy Board of Australia
  • Optometry Board of Australia
  • Osteopathy Board of Australia
  • Pharmacy Board of Australia
  • Physiotherapy Board of Australia
  • Podiatry Board of Australia
  • Psychology Board of Australia

 

Types of Reviewable (Appellable) Decisions

A person who is the subject of any of the following decisions (a reviewable decision) may apply for a review of the decision by the appropriate responsible tribunal—

  • a decision by a National Board to refuse to register the person;
  • a decision by a National Board to refuse to endorse the person's registration;
  • a decision by a National Board to refuse to renew the person's registration;
  • a decision by a National Board to refuse to renew the endorsement of the person's registration;
  • a decision by a National Board to impose or change a condition on a person's registration or the endorsement of the person's registration, other than—
     - a condition relating to the person's qualification for general registration in the health profession; and
     - a condition imposed by section 112(3)(a);
  • a decision by a National Board to refuse to change or remove a condition imposed on the person's registration or the endorsement of the person's registration;
  • a decision by a National Board to refuse to change or revoke an undertaking given by the person to the Board;
  • a decision by a National Board to suspend the person's registration;
  • a decision by a panel (being a health panel or a performance and professional standards panel, as established by a National Board) to impose a condition on the person's registration;
  • a decision by a health panel (as established by a National Board) to suspend the person's registration;
  • a decision by a health panel (as established by a National Board) not to revoke a suspension;
  • a decision by a performance and professional standards panel (as established by a National Board)  to reprimand the person.

Determining the Appropriate Tribunal to Lodge your Application

The Act sets out the following criteria to determine where an application should be made.

For a decision to take health, conduct or performance action in relation to a registered health practitioner or student—

  • the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the decision occurred; or
  • if the behaviour the subject of the decision occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner's principal place of practice is located; or

For another decision in relation to a registered health practitioner, the responsible tribunal for the participating jurisdiction in which the practitioner's principal place of practice is located; or

For another decision in relation to a student, the responsible tribunal for the participating jurisdiction in which the student is undertaking the approved program of study or clinical training; or

For a decision in relation to another person—

  • the responsible tribunal for the participating jurisdiction in which the person lives; or
  • if the person does not live in a participating jurisdiction, the responsible tribunal for the participating jurisdiction nominated by the National Board that made the appellable  decision and specified in the notice given to the person of the appellable decision.

 

Time Limits

An application for review must be made within 28 days after:

  • The person lodging the review was given notice of the decision being reviewed; or
  • The person lodging the review was given reasons for the decision being reviewed,

whichever is the later.

The Tribunal may extend the time for filing the application for review even if the time for instituting the appeal has ended.

Before applying to SACAT for a review of a decision you must:

  1. Have a copy of the decision which you want to challenge – you should include this with your application.
  2. Ensure you are ready to pay the required fee for making an application.

How to apply

Click here to start an online application.  In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘health’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

If you have any further questions or you would like a staff member from SACAT to assist you to complete the application over the telephone please call SACAT on 1800 723 767 (menu option 4 then option 5 - for reviews of Government Decisions).

Attach a copy of the decision you are seeking to review

You must upload a copy of the decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at sacat@sacat.sa.gov.au, or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.

Fees

There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.

Click here to see a list of current fees and information about payment methods and fee waiver options. 

Organisations that may be able to assist you

  • Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.

Relevant Legislation

Disciplinary Proceedings under the Health Practitioners Regulation National Law (South Australia) Act 2010

SACAT also has jurisdiction to receive and determine disciplinary proceedings under this Act. For more information click here.