Only a health practitioner who has been the subject of a decision of a National Board can appeal that decision. There are, however, limitations on the type of decisions that can be appealed.
No other person can appeal a decision made by a National Board. This includes the person who raises a concern or a complaint, a patient or an employer or any other person.
A health practitioner can only appeal one of the following decisions (known as an appellable decision) made as a result of the complaints process.
A health practitioner can appeal a decision by a National Board to:
A health practitioner can appeal a decision by a panel to:
The appeal body is the ‘appropriate responsible tribunal’. A list of all the tribunals for every state and territory is available on this website.
When a practitioner or student appeals against a decision of the National Board or panel to the responsible tribunal, the practitioner or student is called the appellant and the National Board is called the respondent.
Tribunal proceedings are generally open to the public and decisions are published on the tribunal’s website and elsewhere. AHPRA can also choose to publish a tribunal’s decision. Some tribunal proceedings are of interest to the community and the media. In some instances, the practitioner’s identity or a patient’s identity may remain confidential.
After hearing a matter, the responsible tribunal may:
The responsible tribunal may make any order about costs it considers appropriate. This includes ordering: