Appeals Procedure

As part of its role as the regulatory authority of nursing in Victoria, the Nurses Board of Victoria protects the public by providing for the registration of nurses and the investigation into the professional conduct and fitness to practice of registered nurses.

A person whose interests are affected by a decision or determination of the Board may apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of:

• A decision to refuse a person’s application for registration or endorsement of registration or renewal of registration;
• A decision to impose conditions, limitations or restrictions on registration or endorsement of registration;
• A decision to refuse to note the registration of a nurse under section 8A (change to HPRA);
• A decision to suspend the registration or endorsement of registration if the Board has not instituted an investigation into the professional conduct or physical or mental health of that person within a reasonable time of having suspended that registration or endorsement; and
• A finding or determination made at a formal hearing.

That standing by the decisions made by the Board or its hearing panels is a vital aspect of asserting its authority as a tribunal:

• The Board does not negotiate its decisions on appeal unless sound legal advice indicates that the Board has acted outside of its jurisdiction or in gross error;
• In the absence of such legal advice, the Board cannot negotiate the findings and determinations of the Board, including at a case conference;
• The position of the Board on appeal needs to be clearly communicated to VCAT;
• The Board is unable to delegate decision making in these matters, and therefore all proposals that arise at the tribunal must be referred to the Board; and
• The Board will not involve itself in any employment or industrial matters that arise out of any Board processes as this is outside the jurisdiction of the Board.

For more information, please contact the Board on 03 8635 1200.