Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts30. Sections 54 and 55 of the Principal Act are repealed and the following sections substituted:
“54. Application may be made to the Tribunal for review of a decision of the Board—
(a) under subsection 14 (5), 15A (1), 26B (2), 29A (1) or 37B (2) to impose conditions on the registration or enrolment of a person;
(b) under subsection 15 (4) or 29 (4) to cancel the interim registration or enrolment of a person;
(c) under subsection 15A (2) or 29A (2) to refuse to review conditions imposed on the registration or enrolment of a person;
(d) under subsection 15A (2) or 29A (2) to refuse to alter or remove conditions imposed on the registration or enrolment of a person;
(e) under subsection 15A (2) or 29A (2) to impose new conditions on the registration or enrolment of a person;
(f) under paragraph 15G (b) or 29G (b) to refuse to register or enrol a person;
(g) under subsection 26A (4), section 26F, subsection 37A (4), section 37F or subsection 42 (3) to refuse to re-register or re-enrol a person;
(h) under subsection 26A (3) or 37A (3) or paragraph 38 (a), 39 (1) (a), 39A (a) or 39C (4) (a) to cancel the registration or enrolment of a person;
(j) under paragraph 38 (b), 39 (1) (b), 39A (b) or 39C (4) (b) or subsection 40 (2) to suspend the registration or enrolment of a person;
(k) under subsection 39 (2) to make an order directing a person not to give or perform a nursing service;
(m) under subsection 39 (3) to refuse to review an order directing a person not to give or perform a nursing service;
(n) under subsection 39 (3) to refuse to amend or revoke an order directing a person not to give or perform a nursing service;
(o) under subsection 39 (3) to amend an order directing a person not to give or perform a nursing service;
(p) under subsection 39B (1) to take any action of a kind specified in that subsection in relation to a registered nurse or an enrolled nurse;
(q) under subsection 39C (1) to impose a fine on a registered nurse or an enrolled nurse;
(r) under subsection 42 (3) to refuse to terminate the suspension of the registration or enrolment of a nurse;
(s) under subsection 49 (2) to certify the amount which, in the opinion of the Board, is a reasonable amount of fees or remuneration for a nursing service;
(t) under section 50 to refuse to extend beyond 6 months the period during which the executor or executrix of the will of a deceased registered nurse, or the administrator, administratrix or trustee of the estate of a deceased registered nurse, may continue the business of the registered nurse; or
(u) under section 50 to fix a period longer than 6 months during which the executor or executrix of the will of a deceased registered nurse, or the administrator, administratrix or trustee of the estate of a deceased registered nurse, may continue the business of the registered nurse.
“55. (1) Where a decision of the kind referred to in section 54 (other than paragraph (b), (j), (k) or (q)) is made, the Board shall, within 28 days after the date of the decision, give notice in writing of the decision—
(a) in the case of a decision referred to in paragraph 54 (a)—to the person on whose registration or enrolment conditions have been imposed;
(b) in the case of a decision referred to in paragraph 54 (c) or (d)—to the person whose registration or enrolment is subject to the conditions;
(c) in the case of a decision referred to in paragraph 54 (e)—to the person on whose registration or enrolment new conditions have been imposed;
(d) in the case of a decision referred to in paragraph 54 (f)—to the person whose application for registration or enrolment has been refused;
(e) in the case of a decision referred to in paragraph 54 (g)—to the person whose application for re-registration or re-enrolment has been refused;
(f) in the case of a decision referred to in paragraph 54 (h)—to the person whose registration or enrolment has been cancelled;
(g) in the case of a decision referred to in paragraph 54 (m), (n) or (o)—to the person in relation to whom the order was made;
(h) in the case of a decision referred to in paragraph 54 (p)—to the registered nurse or enrolled nurse in relation to whom the action has been taken;
(j) in the case of a decision referred to in paragraph 54 (r)—to the person whose registration or enrolment has been suspended;
(k) in the case of a decision referred to in paragraph 54 (s)—to the person who requested the review of the account; or
(m) in the case of a decision referred to in paragraph 54 (t) or (u)—to the executor or executrix of the will of the deceased nurse or the administrator, administratrix or trustee of the estate of the deceased nurse.
“(2) A notice under subsection 15 (4) or 29 (4), or under subsection (1) of this section, shall—
(a) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , an application may be made to the Administrative Appeals Tribunal for a review of the decision to which the notice relates; and
(b) except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement under section 26 of that Act.
“(3) An order under paragraph 38 (b) or 39 (1) (b), subsection 39 (2), paragraph 39A (b), subsection 39C (1), paragraph 39C (4) (b) or subsection 40 (2) shall—
(a) have endorsed on it or attached to it a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , an application may be made to the Administrative Appeals Tribunal for a review of the decision to make the order; and
(b) except where subsection 26 (11) of that Act applies—have endorsed on it or attached to it a statement to the effect that a person whose interests are affected by the decision may request a statement under section 26 of that Act.
“(4) The validity of a decision referred to in subsection (2) or (3) is not to be taken to be affected by a failure to comply with that subsection.
“55A. The Chairperson may, if he or she thinks fit, cause a notice of a decision of the Board or of the Tribunal on application for review of a decision of the Board—
(a) cancelling the registration or enrolment of a person;
(b) suspending, otherwise than under subsection 40 (2), the registration or enrolment of a person;
(c) imposing a condition on the registration or enrolment of a person;
(d) making or amending an order under subsection 39 (2);
(e) taking any action under subsection 39B (1); or
(f) imposing a fine on a person under subsection 39C (1);
and the reasons for the decision, including the findings on material questions of fact, to be published in the Gazette .”.