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Allied Health Professions Act, 1982 (Act No. 63 of 1982)

Chapter 5 : General and Supplementary Provisions

38B. Appeal

 

(1) Any person who considers himself aggrieved—
(a) by the refusal of the council or a committee to register him in terms of this Act or to restore his name to a specific register;
(b) by any penalty imposed on him or her under section 24; and

[Section 38B(1)(b) inserted by section 35(a) of Act No. 50 of 2000]

(c) by the removal of his name from a register under section 21(1),

may within a period of three months after the date of such refusal, imposition of penalty or removal, appeal to an appeal committee.

 

(2) Any appeal committee referred to in subsection (1), may be appointed by the Minister and shall consist of—
(a) a person who is legally qualified and who has practised in the field of law for a period of at least 10 years who shall be the chairperson; and
(b) two practitioners who practise the same profession as the appellant concerned, who have no direct interest in the affairs of the appellant, who are not in the employment of the appellant and who are not members of the council or professional board concerned.

[Section 38B(2) substituted by section 35(b) of Act No. 50 of 2000]

 

(3) The appellant may appear in person or through a legal representative before the appeal committee, or submit written statements or arguments in support of his appeal.

 

(4) The procedure in connection with the noting and prosecution of an appeal in terms of this section, shall be as prescribed.

 

(5) The appeal committee hearing an appeal under this section, may confirm or set aside the refusal, penalty or removal forming the subject of the appeal, and may, if it is set aside, give such judgment as in its opinion ought to have been given by the council or committee and may direct the council to do everything necessary to give effect to the judgment of the appeal committee.

 

(6) The commencement of a refusal, penalty or removal against which an appeal is lodged, shall be suspended by the lodging of an appeal in terms of subsection (1), until the appeal is disposed of by the appeal committee or withdrawn by the appellant.

 

(7) Any member of the appeal committee who is not in the full-time service of the State, may be paid such remuneration and allowance as the Minister may from time to time determine with the concurrence of the Minister of State Expenditure.

 

[Section 38B inserted by section 22 of Act No. 63 of 1993]