Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts16. After Part IV of the Principal Act the following Part is inserted:
“34. Application may be made to the Tribunal for review of a decision of the Board—
(a) under subsection 9 (4), section 11 or subsection 18 (2) to impose conditions on the registration of a person;
(b) under subsection 10 (4) to cancel the interim registration of a person;
(c) under subsection 11 (2) to refuse to review conditions on the registration of a person;
(d) under subsection 11 (2) to refuse to alter or remove conditions on the registration of a person;
(e) under subsection 11 (2) to impose new conditions on the registration of a person;
(f) under section 13D to refuse to register a person;
(g) under subsection 17 (3) or 23 (1), paragraph 24 (1) (a), section 25 or paragraph 27 (3) (a) to cancel the registration of a person;
(h) under subsection 17 (4), section 18D or subsection 28 (2) to refuse to re-register a person;
(j) under subsection 23 (1), paragraph 24 (1) (b), section 25, paragraph 27 (3) (b) or subsection 28A (2) to suspend the registration of a person;
(k) under subsection 24 (2) to make an order directing a person not to give or perform specified optometrical services;
(m) under subsection 24 (3) to refuse to review an order directing a person not to give or perform an optometrical service;
(n) under subsection 24 (3) to refuse to amend or revoke an order directing a person not to give or perform an optometrical service;
(p) under subsection 24 (3) to amend an order directing a person not to give or perform an optometrical service;
(q) under section 26 to take any action of the kind specified in that subsection in relation to a registered optometrist;
(r) under subsection 27 (1) to impose a fine on a registered optometrist;
(s) under subsection 28 (2) to refuse to terminate the suspension of the registration of a person;
(t) under section 31 to refuse to extend beyond 2 months the period during which the executor or executrix of the will of a deceased optometrist, or the administrator, administratrix or trustee of the estate of a deceased optometrist, may continue the business of the optometrist;
(u) under section 31 to fix a period longer than 2 months during which the executor or executrix of the will of a deceased optometrist, or the administrator, administratrix or trustee of the estate of a deceased optometrist, may continue the business of the optometrist; or
(w) under subsection 47AC (2) to certify the amount which, in the opinion of the Board, is a reasonable amount of fees or remuneration for an optometry service.
“35. (1) Where a decision of the kind referred to in section 34 (other than paragraphs (b), (k), (r) and (s)) 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 34 (a)—to the person on whose registration conditions have been imposed;
(b) in the case of a decision referred to in paragraph 34 (c) or (d)—to the person whose registration is subject to the conditions;
(c) in the case of a decision referred to in paragraph 34 (e)—to the person on whose registration new conditions have been imposed;
(d) in the case of a decision referred to in paragraph 34 (f)—to the person whose application for registration has been refused;
(e) in the case of a decision referred to in paragraph 34 (g)—to the person whose registration has been cancelled;
(f) in the case of a decision referred to in paragraph 34 (h)—to the person whose application for re-registration has been refused;
(g) in the case of a decision referred to in paragraph 34 (j)—to the person whose registration has been suspended;
(h) in the case of a decision referred to in paragraph 34 (m), (n) or (p)—to the person in relation to whom the order was made;
(j) in the case of a decision referred to in paragraph 34 (q)—to the registered optometrist in relation to whom the action has been taken;
(k) in the case of a decision referred to in paragraph 34 (t) or (u)—to the executor or executrix of the will of the deceased optometrist or the administrator, administratrix or trustee of the estate of the deceased optometrist; or
(m) in the case of a decision referred to in paragraph 34 (w)—to the person who requested the review of the account.
“(2) A notice under subsection 10 (4) or subsection (1) of this section, or under section 31 of the Health Professions Boards (Procedures) Act 1981 , 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 23 (1) (b) or 24 (1) (b), subsection 24 (2), paragraph 25 (b) or subsection 27 (1) or 28A (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 the Administrative Appeals Tribunal Act 1989 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.”.