South Australian Repealed Acts

This legislation has been repealed.

NURSES ACT 1999 - SECT 49

49—Appeal to Supreme Court

        (1)         Subject to this section, a right of appeal to the Supreme Court lies against—

            (a)         —

                  (i)         a refusal by the Board to register or enrol, or to reinstate the registration or enrolment of, a person under this Act;

                  (ii)         the imposition by the Board of conditions in respect of registration or enrolment;

                  (iii)         the refusal by the Board to give its approval to a nurse to practise nursing after an absence of five years or more or the imposition by the Board of conditions in relation to such an approval; or

            (b)         a reprimand, order or requirement administered or made by the Board in proceedings under Part 5; or

            (c)         a decision by the Board to vary a condition imposed by the Board under this Act.

        (2)         An appeal must be instituted within two months of the date of the decision appealed against, but the Supreme Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be instituted within that time.

        (3)         The Supreme Court may, on the hearing of an appeal, exercise any one or more of the following powers:

            (a)         affirm, vary or quash the decision, reprimand, order or requirement against which the appeal has been instituted and make any consequential or other order that may be just in the circumstances;

            (b)         remit the subject matter of the appeal to the Board or the Registrar (as appropriate) for further hearing or consideration or for rehearing;

            (c)         make an order as to costs.

        (4)         When ordering the remission of the subject matter of an appeal to the Board for rehearing, the Supreme Court may disqualify a member from hearing the matter.