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Table of Contents
Page Overview
Document Overview
AI Summary of 225. Application to Appeals Panel and determination of appeal by appeals officer or Appeals Board
An appeal to the Appeals Panel must be made by the appellant within 14 days of notification; the chairperson may accept a late appeal in the interests of justice. Appeals must be in the form and with documentation prescribed by the Minister (s226) and may attract a fee prescribed by the Authority (s38). The appellant must serve a copy on the Authority within seven days. On receipt the panel chair appoints either one member as an appeals officer or a three‑member Appeals Board; the board chair is appointed by the panel chair and regulates procedure.
An appeals officer or Appeals Board may refuse appeals not made in good faith or that are frivolous or vexatious, may request information in writing, hold hearings at which parties are entitled to be heard and to present evidence, and may adjourn. A board may decide by majority. Determinations may refuse or allow appeals (in whole or in part), direct the Authority to grant or renew a licence (s120/s121), or allow appeals under s223(1)(b) as to findings and/or advice, caution, warning or reprimand. Determinations must be communicated to the appellant, the Authority and the Appeals Panel; the Authority must comply with directions to grant or renew a licence and notify the appellant. Appeals officers and Appeals Boards are independent.
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225. Application to Appeals Panel and determination of appeal by appeals officer or Appeals Board
(1) An appeal shall -
(a) subject to subsection (2), be made to the Appeals Panel by the appellant not later than 14 days from the date the decision giving rise to the appeal is notified to the appellant,
(b) be in such form, and accompanied by such information and documentation, as may be prescribed by the Minister under section 226, and
(c) if applicable, be accompanied by such fee as may be prescribed by the Authority under section 38.
(2) The chairperson of the Appeals Panel may accept an appeal outside the 14 day period referred to in subsection (1)(a) where he or she is satisfied in the particular circumstances that it is in the interests of justice to do so.
(3) An appellant shall serve a copy of the appeal and the information and documentation accompanying the appeal on the Authority within 7 days of making the appeal to the Appeals Panel.
(4) Upon receipt by the Appeals Panel of an appeal, the chairperson of the Panel shall appoint either -