The NSW Civil and Administrative Tribunal (“NCAT”) has an occupational division which has the jurisdiction to make decisions about various professionals prescribed by the Civil and Administrative Tribunal Act including lawyers, architects, building professionals, veterinarians and medical professionals.
The decision-making power of NCAT extends to include conducting investigations and making findings of unsatisfactory professional conduct or professional misconduct against a professional. In some instances, a complaint against a professional may be lodged directly with NCAT by way of an application, or, may be referred to NCAT from a professional body such as the Legal Services Commission and the Australian Health Practitioners Regulation Agency.
Decisions made in the Occupational Division of NCAT can only be appealed to the Supreme Court. The grounds available for appeal and the way an appeal is heard will depend on whether it is a lawyer appealing the original decision or another professional. For example, a non-lawyer appeal can be made on a question of law or on another ground if leave is granted and the appeal can be dealt with as a new hearing with variations to the evidence presented authorised. If it is an appeal by a lawyer, it will be heard as a rehearing of the same evidence only.
If you are involved in NCAT proceedings, or if you have lodged an application with NCAT, we recommend that you seek legal advice and representation to assist you during the judicial proceedings. Our team of Solicitors can advise you of your prospects of success and assist you in presenting your case. If you wish to speak with one of our Disciplinary & Professional Conduct Lawyers, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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