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HEALTH PRACTITIONERS TRIBUNAL ACT 2010 (NO. 12 OF 2010) - SECT 21

PART 5 - Procedure of Tribunal Division 1 - Preliminary procedure Applications

(1)  A National Board which is required under the National Law to refer a matter about a registered health practitioner or student to the responsible tribunal may apply to the Tribunal for a decision in relation to the matter.
(2)  A person who is the subject of a decision referred to in section 199(1) of the National Law and who may, under that Law, appeal to the responsible tribunal, may apply to the Tribunal for a review of the decision.
(3)  Except with the approval of the Tribunal, an application may only be made under subsection (2) in relation to a decision referred to in section 199(1) of the National Law within 28 days after –
(a) the decision is made; or
(b) reasons for the decision are given to a person under the National Law –
whichever is the later.
(4)  A person who is the subject of a decision against which an application for a review of a decision may be made to the Tribunal under a referring Act may apply to the Tribunal for a review of the decision.
(5)  Except with the approval of the Tribunal or as otherwise provided by the referring Act, an application may only be made under subsection (4) against a decision under a referring Act within 28 days after –
(a) the decision is made; or
(b) reasons for the decision are given to a person under the referring Act –
whichever is the later.
(6)  An application under this section must be –
(a) in a form approved by the Chairperson of the Tribunal; and
(b) lodged with the registrar; and
(c) accompanied by any documents or further information that the Chairperson requires; and
(d) accompanied by any documents or further information that are required by the referring Act or the National Law, as the case may be, to be provided to the Tribunal; and
(e) accompanied by the prescribed fee, if any; and
(f) made in a manner approved by the Chairperson.
(7)  An applicant must serve a copy of an application under this section –
(a) on each other party to the proceedings in respect of the application; and
(b) on any other person entitled to notice of the application under the referring Act or the National Law; and
(c) on any person that the Tribunal or the registrar directs be given notice of the proceedings in relation to the application.



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