Health Information Bill · As enacted · Part 2 · National Electronic Records System
36. Appeal to Minister
Feedback & supportA contributor or user or an authorised individual of a user that is aggrieved by the decision of an authorised officer to direct a System Operator to take any action against the contributor, user or authorised individual of a user (as the case may be) under section 34 may appeal to the Minister against the decision.
An appeal under this section —
must be in writing;
must specify the grounds on which it is made; and
must be made within the prescribed period after the appellant is notified of the authorised officer’s decision that is appealed against.
The Minister may reject an appeal that fails to comply with subsection (2).
After consideration of an appeal, the Minister may —
reject the appeal and confirm the authorised officer’s decision; or
allow the appeal and substitute or vary the authorised officer’s decision.
The Minister’s decision on an appeal is final.
Every appellant must be notified of the Minister’s decision under subsection (4).
An appeal against an authorised officer’s decision does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision.
Unless otherwise directed by the Minister, the decision appealed against must be complied with until the determination of the appeal.