Nursing Amendment Act 1999

Nursing Amendment Act 1999

An Act to amend the Nursing Act 1995

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Nursing Amendment Act 1999 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Nursing Act 1995 is referred to as the Principal Act.

4.    Section 6 amended (Membership of Board)

Section 6 of the Principal Act is amended as follows:

(a) by omitting from subsection (1)(a) "3" and substituting "5";

(b) by omitting paragraph (b) from subsection (1) ;

(c) by omitting from subsection (2) "referred to in subsection (1) (a) and (c) ";

(d) by omitting from subsection (3) " subsection (1) (a) or (b) " and substituting " subsection (1)(a) ".

5.    Section 22 substituted

Section 22 of the Principal Act is repealed and the following section is substituted:

22.   Entitlement to registration or enrolment

(1)  Subject to subsection (2) , an applicant is entitled to be registered or enrolled as a nurse if the Board is satisfied that the applicant –

(a) is eligible to apply for registration or enrolment; and

(b) has sufficient physical capacity, mental capacity and competence to practise; and

(c) is of good character; and

(d) has an adequate command of the English language.

(2)  The Board may determine that an applicant is not entitled to be registered or enrolled as a nurse if it is not satisfied that the applicant, when practising, will have adequate professional indemnification arrangements.

6.    Section 23 amended (Interim registration or enrolment)

Section 23(7) of the Principal Act is amended by omitting "receives notice that the Board has –" and substituting "is given notice by the Board that it has –".

7.    Section 24 amended (Cancellation of interim registration or enrolment)

Section 24 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:

(3)  When the notice is given to the person, the interim certificates issued to that person under section 23(3) cease to be valid.

8.    Section 25 amended (Assessment of entitlement)

Section 25 of the Principal Act is amended by inserting after subsection (5) the following subsection:

(6)  A notice under subsection (4) to an applicant is to inform the applicant of the applicant's right to be represented in the assessment.

9.    Section 26 amended (Recommendation of committee of assessors)

Section 26(1) of the Principal Act is amended by omitting "provide the Board with" and substituting "give the Board".

10.    Section 30 amended (Review of registration or enrolment conditions)

Section 30 of the Principal Act is amended by inserting after subsection (3) the following subsections:

(4)  After it has reviewed a condition of registration or enrolment, the Board may –

(a) leave the condition in place; or

(b) remove the condition; or

(c) modify the condition so as to make it less onerous.

(5)  As soon as practicable after it has reviewed a condition of a person's registration or enrolment, the Board must give the person notice of the outcome of the review.

11.    Section 36 amended (Interim authorisation)

Section 36(6) of the Principal Act is amended by omitting "receives notice that the Board has –" and substituting "is given notice by the Board that it has –".

12.    Section 37 amended (Cancellation of authorisations)

Section 37 of the Principal Act is amended as follows:

(a) by omitting from subsection (2) ", by notice, cancel the authorisation of a nurse" and substituting "cancel a nurse's authorisation";

(b) by omitting from subsection (3)(f) "or incompetent";

(c) by inserting the following subsection after subsection (4) :

(4A)  If the Board decides to cancel a nurse's authorisation it must immediately give the nurse notice of its decision and the cancellation takes effect on the giving of that notice.

(d) by omitting from subsection (5) "A notice under subsection (2) " and substituting "The notice";

(e) by omitting subsection (6) .

13.    Section 41 amended (Replacement and amendment of certificates)

Section 41 of the Principal Act is amended as follows:

(a) by omitting from subsection (5) "receiving" and substituting "being given";

(b) by omitting from subsection (6) "receiving" and substituting "being given".

14.    Section 43 amended (Register)

Section 43 of the Principal Act is amended as follows:

(a) by inserting in subsection (2)(b) "relevant" after "person's";

(b) by inserting in subsection (2)(d) "and any modification of those conditions" after " (2) ";

(c) by inserting in subsection (3)(c) "and any modification of those conditions" after " (e) ".

15.    Section 44 amended (Roll)

Section 44 of the Principal Act is amended as follows:

(a) by inserting in subsection (2)(b) "relevant" after "person's";

(b) by inserting in subsection (2)(d) "and any modification of those conditions" after " (2) ";

(c) by inserting in subsection (3)(c) "and any modification of those conditions" after " (e) ".

16.    Section 49 amended (Protection of private information)

Section 49(a) of the Principal Act is amended by inserting "without that nurse's permission" after "Gazette".

17.    Section 50 amended (Annual practising certificate fees)

Section 50 of the Principal Act is amended as follows:

(a) by inserting the following subsection after subsection (2) :

(2A)  A registered or enrolled nurse who pays the prescribed practising certificate fee after but within 30 days of the due date must pay the prescribed late fee.

(b) by inserting in subsection (3) "or late fee" after "fee";

(c) by omitting subsections (4) , (5) , (6) , (7) and (8) and substituting the following subsections:

(4)  Subject to subsections (5) and (6) , the Board must immediately issue a new practising certificate to each registered or enrolled nurse who, in any year –

(a) pays the prescribed practising certificate fee on or before the due date; or

(b) pays the prescribed practising certificate fee and late fee after but within 30 days of the due date.

(5)  The Board may refuse to issue the new practising certificate if it is not satisfied that the nurse –

(a) complies with the relevant requirements specified in section 22(1)(b) , (c) and (d) and would, if applying to be registered or enrolled for the first time, be eligible to apply for that registration or enrolment; or

(b) has adequate professional indemnification arrangements.

(6)  The Board must not issue a new practising certificate to a nurse who has not actively practised in the 5 year period immediately preceding the due date unless it is satisfied that the person complies with the relevant requirements specified in section 22(1)(b) , (c) and (d) and would, if applying to be registered or enrolled for the first time, be eligible to apply for that registration or enrolment.

(7)  The name of a registered or enrolled nurse who in any year fails to pay the prescribed practising certificate fee on or before the due date or the prescribed practising certificate fee and late fee within 30 days of the due date is to be removed from the register or, if applicable, the roll in accordance with section 51 .

(8)  The name of a registered or enrolled nurse who is refused the issue of a new practising certificate pursuant to subsection (5) or (6) is to be removed from the register or, if applicable, the roll in accordance with section 51 .

(9)  In a case to which subsection (8) applies, the Board must refund the prescribed practising certificate fee and, if applicable, the prescribed late fee.

(10)  For the purposes of this section, other than subsection (9) , a person whose obligation to pay a fee has been wholly or partially waived is taken to have paid that fee.

18.    Section 51 amended (Removal from register or roll)

Section 51 of the Principal Act is amended as follows:

(a) by inserting the following subparagraphs after subparagraph (iii) in subsection (1)(b) :

(iiia) who ceases to be registered or enrolled by virtue of section 50(7) ; or

(iiib) who ceases to be registered or enrolled by virtue of section 50(8) ; or

(b) by omitting from subsection (4)(b) " subsection (1) (b) (ii) or (iii) " and substituting " subsection (1)(b)(ii) , (iii) or (iiia) ";

(c) by omitting subsection (5) and substituting the following subsection:

(5)  The person ceases to be a registered or enrolled nurse when the giving of the notice is effected.

19.    Section 52 amended (Persons taken off register or roll must surrender certificate)

Section 52 of the Principal Act is amended as follows:

(a) by inserting "by the Board" after "given notice";

(b) by omitting "receiving" and substituting "being given".

20.   Section 53 amended (Restoring name to register or roll)

Section 53 of the Principal Act is amended as follows:

(a) by omitting subsections (1), (2) and (3) and substituting the following subsections:

(1)  Subject to this section, on payment of the prescribed practising certificate fee and prescribed restoration fee the Board must restore a person's name to the register or roll if –

(a) the person previously requested the removal of his or her name under section 51 (1) (b) (ii) and requests that his or her name be restored to the register or roll; or

(b) the person has had his or her name removed from the register or roll under section 51(1)(b)(iiia) .

(2)  The Board may waive the payment of all or part of the prescribed practising certificate fee or prescribed restoration fee.

(3)  The Board may refuse to restore a person's name to the register or roll if it is not satisfied that the person –

(a) complies with the relevant requirements specified in section 22(1)(b) , (c) and (d) and would, if applying to be registered or enrolled for the first time, be eligible to apply for that registration or enrolment; or

(b) has adequate professional indemnification arrangements.

(b) by omiting subsection (5) and substituting the following subsection:

(5)  If the Board restores a person's name to the register or roll it must, on request, issue the person with a new practising certificate.

21.    Section 56 amended (Specific matters in respect of which complaints may be made)

Section 56 of the Principal Act is amended as follows:

(a) by inserting the following paragraphs after paragraph (d) in subsection (1) :

(da) has practised without a practising certificate; or

(db) has practised in a restricted practice area without authorisation; or

(b) by omitting paragraphs (e) and (f) from subsection (2) .

22.    Section 57 amended (Complaints procedure)

Section 57(1) of the Principal Act is amended as follows:

(a) by inserting in paragraph (c) ", if possible," after "identify";

(b) by inserting in paragraph (c) "or set out such information relating to the identity of the nurse as is known to the complainant" after "made";

(c) by omitting from paragraph (d) "person making the complaint" and substituting "complainant".

23.    Part 4, Division 1A: Heading inserted

Part 4 of the Principal Act is amended by inserting the following heading after section 57 :

Investigation of complaints

24.    Sections 57A and 57B inserted

After section 57 of the Principal Act , the following sections are inserted in Division 1A:

57A.   Division is subject to Health Complaints Act

This Division has effect subject to Part 7 of the Health Complaints Act 1995 .

57B.   Complaints must be investigated

(1)  Except as provided by sections 59 , 60 and 61 the Board must investigate each complaint made to it.

(2)  The Board, on its own motion, may also investigate any matter that it considers could be grounds for a complaint against a registered or enrolled nurse.

(3)  Section 55(2) and (3) has the same application to the Board's power under subsection (2) as that section has to a complaint.

25.    Section 58 amended (Preliminary investigation of complaints, &c.)

Section 58 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "of a complaint." and substituting "of –";

(b) by inserting the following paragraphs after subsection (1) :

(a) a complaint; or

(b) a matter that it considers could be grounds for a complaint against a registered or enrolled nurse.

(c) by omitting from subsection (2)(a) "to the nurse who is the subject of the complaint" and substituting "or matter to the nurse concerned";

(d) by omitting from subsection (3) "of a complaint must provide the Board and the nurse who is the subject of the complaint with" and substituting "must give the Board and the nurse concerned".

26.    Section 59 amended (Referral of complaints, &c.)

Section 59 of the Principal Act is amended as follows:

(a) by omitting from subsection (3) ", may refer to the Tribunal any matter that" and substituting "and, if applicable, after considering the report on any preliminary investigation, may refer to the Tribunal any matter that it considers";

(b) by omitting subsection (4) .

27.    Section 61 amended (Procedure for less serious complaints)

Section 61 of the Principal Act is amended as follows:

(a) by omitting subsections (1) and (2) and substituting the following subsections:

(1)  In this section,

matter means –

(a) a matter giving rise to a complaint against a nurse; or

(b) a matter that the Board considers could be grounds for a complaint against a nurse.

(2)  If the Board considers that a matter may not be sufficiently serious to warrant an inquiry, it may, by notice, require the nurse concerned to –

(a) appear before it to give an explanation of the matter; or

(b) provide it with a written explanation.

(b) by omitting from subsection (3) "prescribed";

(c) by omitting from subsection (4) " subsection (2) " and substituting " subsection (2)(a) ";

(d) by omitting paragraph (a) from subsection (4) ;

(e) by omitting from subsection (4)(b) "prescribed";

(f) by omitting from subsection (4)(e) "prescribed";

(g) by omitting from subsection (4)(f) "prescribed";

(h) by inserting the following subsection after subsection (4) :

(4A)  A notice under subsection (2)(b) is to –

(a) contain the same information as is specified in subsection (4)(b) , (e) and (f) in relation to a notice requiring a personal appearance; and

(b) specify a date by which the nurse is required to provide the Board with the written explanation.

(i) by omitting from subsection (5) "The notice" and substituting "A notice";

(j) by omitting subsections (6) and (7) and substituting the following subsections:

(6)  The date specified under subsection (4) (g) or subsection (4A)(b) is to be not less than 14 days after the date of giving the notice.

(7)  The Board is not to take any further action in respect of a matter if, after considering the explanation of the nurse concerned, it is not satisfied that the matter has been substantiated.

(k) by omitting from subsection (8) "hearing" and substituting "considering";

(l) by omitting from subsection (8) "prescribed";

(m) by omitting from subsection (9) "prescribed" first occurring;

(n) by omitting from subsection (9)(a) " subsection (2) " and substituting " subsection (2)(a) ";

(o) by inserting the following paragraph after paragraph (a) in subsection (9) :

(ab) the nurse concerned fails to provide the Board with a written explanation as required by a notice under subsection (2)(b) or, before the date on which the explanation is required to be provided, requests in writing that the matter be so referred; or

(p) by omitting from subsection (9)(b) "prescribed";

(q) by omitting from subsection (9)(c) "hearing" and substituting "considering";

(r) by omitting from subsection (9)(c) "prescribed";

(s) by omitting from subsection (9)(d) "prescribed".

28.    Section 62A inserted

After section 62 of the Principal Act , the following section is inserted in Division 2:

62A.   Alternate permanent members of Tribunal

(1)  For the purposes of this Part, the Board may appoint an alternate member for a permanent member of the Tribunal.

(2)  An alternate permanent member must have the same qualifications as the permanent member for whom he or she is an alternate.

(3)  An alternate permanent member is to act as a permanent member of the Tribunal only if the permanent member for whom he or she is an alternate dies or only while that permanent member –

(a) is absent from a hearing or meeting of the Tribunal; or

(b) is incapable of acting as a permanent member.

(4)  Where an alternate permanent member acts as a permanent member of the Tribunal –

(a) he or she may exercise all the powers of the member for whom he or she is an alternate; and

(b) all things done or omitted to be done by the alternate permanent member are as valid, and have the same consequences, as if they had been done or omitted to be done by the permanent member for whom he or she is an alternate.

29.    Section 64 amended (Actions that may be taken by Tribunal)

Section 64 of the Principal Act is amended as follows:

(a) by inserting in subsection (1)(c) ", totally or partially," after "suspended";

(b) by omitting from subsection (1)(h) "clear" and substituting "exonerate";

(c) by omitting from subsection (2) "clears" and substituting "exonerates";

(d) by inserting the following subsection after subsection (3) :

(3A)  If the Tribunal imposes a condition on the defendant under subsection (1)(e) , the Board has the same powers in relation to that condition as it has under section 30(3) and (4) in relation to a condition imposed at the time of registration or enrolment.

30.    Section 65 amended (Costs and expenses of inquiries)

Section 65 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "within such period of time as the Tribunal by the order allows" after "fit";

(b) by omitting from subsection (2) "clear" and substituting "exonerate";

(c) by omitting from subsection (3) "clear" and substituting "exonerate".

31.    Section 66 amended (Notice of decision)

Section 66 of the Principal Act is amended as follows:

(a) by omitting from subsection (2)(a) "inform" and substituting "except in a case to which section 64(1)(h) applies, inform";

(b) by omitting paragraph (b) from subsection (2) and substituting the following paragraph:

(b) set out particulars of any order as to costs made by the Tribunal under section 65 .

(c) by omitting from subsection (3)(b) "confirmed" and substituting "affirmed";

(d) by omitting from subsection (4) "served on" and substituting "given to";

(e) by inserting the following subsection after subsection (4) :

(4A)  If a decision of the Tribunal under section 64(1)(c) takes effect, the defendant –

(a) in the case of a partial suspension of a right of practice – ceases to be entitled to practise in the areas of practice to which the partial suspension applies until the period of suspension expires; and

(b) in the case of a partial suspension of an authorisation – ceases to be entitled to practise in the areas of the relevant restricted practice area to which the partial suspension applies until the period of suspension expires.

(f) by omitting from subsection (5)(a) "nursing" second occurring;

(g) by omitting from subsection (5)(d) "and circulated generally in this State".

32.    Section 67 amended (Suspension of right of practice or authorisation)

Section 67 of the Principal Act is amended as follows:

(a) by inserting the following subsection after subsection (1) :

(1A)  The suspension may be –

(a) a total suspension of the right of practice or authorisation; or

(b) a partial suspension of the right of practice or authorisation, being suspension that applies only to certain areas of the practice of nursing specified by the Board.

(b) by inserting the following paragraph after paragraph (a) in subsection (4) :

(ab) in the case of a partial suspension – the areas of practice to which the suspension applies; and

(c) by omitting subsection (5) and substituting the following subsections:

(5)  When the giving of the notice is effected in the case of a total suspension of a right of practice or authorisation, the nurse ceases to be entitled to practise or ceases to hold the authorisation, as the case may be, until the period of suspension specified in the notice expires or the suspension is revoked by the Board.

(5A)  When the giving of the notice is effected in the case of a partial suspension of a right of practice or authorisation, the nurse's entitlement to practise in the areas of practice specified in subsection (4)(ab) is suspended until the period of suspension specified in the notice expires or the suspension is revoked by the Board.

(5B)  Subsections (5) and (5A) have effect subject to any orders of the Supreme Court made on appeal.

(d) by inserting in subsection (6) "totally or partially" after "been";

(e) by omitting from subsection (6) "receiving" and substituting "being given";

(f) by inserting in subsection (7)(a) "a total suspension" after "is";

(g) by omitting from subsection (7)(b) "if the suspension is of an authorisation" and substituting "if the suspension is of any other kind";

(h) by omitting from subsection (8) "it may, if it considers that it is in the public interest to do so, do any or all of the following:" and substituting "it has and may exercise, if it considers that it is in the public interest to do so, the same power to give notice of the suspension as it has under section 66(5) in relation to a decision to which that section applies.";

(i) by omitting paragraphs (a) , (b) , (c) , (d) and (e) from subsection (8) .

33.    Part 4, Division 5: Heading amended

Division 5 of Part 4 of the Principal Act is amended by omitting "and investigations" from the heading to that Division.

34.    Section 72 amended (Right of appeal)

Section 72 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections:

(1)  A person may appeal to the Supreme Court if the person is aggrieved by a decision of the Board to –

(a) refuse to register or enrol the person; or

(b) impose a condition on the person's registration or enrolment under section 27 (2) , whether or not the condition has been modified; or

(c) remove the person's name from the register or roll, other than under section 51(1)(b)(ii) , (iii) or (iiia) ; or

(d) refuse to restore the person's name to the register or roll under section 53 ; or

(e) suspend the person's right of practice or authorisation under section 67 ; or

(f) refuse to issue that person with a new practising certificate under section 50(5) or (6) ; or

(g) refuse to grant the person an authorisation to practise in a restricted practice area; or

(h) cancel, unless the person holds interim registration, the person's authorisation to practise in a restricted practice area.

(1A)  A person may appeal to the Supreme Court if the person is aggrieved by a decision of the Tribunal to take an action under section 64 in respect of that person.

35.    Section 73 substituted

Section 73 of the Principal Act is repealed and the following section is substituted:

73.   Hearing of appeals

(1)  On hearing an appeal against a decision of the Board or Tribunal, the Supreme Court may –

(a) affirm the decision; or

(b) vary the decision; or

(c) quash the decision.

(2)  If the Court quashes the decision it may, according to the circumstances of the case –

(a) substitute for the decision it has quashed any decision that the Board or Tribunal would have had jurisdiction to make in those circumstances; or

(b) remit the matter to the Board or Tribunal, with or without directions, for further hearing or consideration or for rehearing or reconsideration.

(3)  The Court may make any further order that it considers just in the circumstances of the case.

36.    Part 6, Division 1: Heading amended

Division 1 of Part 6 of the Principal Act is amended by omitting "Protection of the profession" from the heading to that Division and substituting "Public and professional safeguards".

37.    Section 74 repealed

Section 74 of the Principal Act is repealed.

38.    Section 77 repealed

Section 77 of the Principal Act is repealed.

39.    Section 86 substituted

Section 86 of the Principal Act is repealed and the following section is substituted:

86.   Service of documents

(1)  A document may be given to the Board, the Tribunal or a committee –

(a) by leaving it at, or sending it by post to, the Board's address; or

(b) by sending it by way of facsimile transmission to the Board's facsimile number.

(2)  A document may be given to another person by –

(a) in the case of an individual –

(i) handing it to the person; or

(ii) leaving it at, or sending it by post to, the person's postal or residential address or place of business or employment last known to the giver of the document; or

(iii) sending it by way of facsimile transmission to the person's facsimile number; and

(b) in the case of another person –

(i) leaving it at, or sending it by post to, the person's principal or registered office or principal place of business; or

(ii) sending it by way of facsimile transmission to the person's facsimile number.

(3)  A document that is posted to a person is taken not to have been given to the person until the time when it would be delivered in the ordinary course of post.

40.    Section 100 repealed

Section 100 of the Principal Act is repealed.

41.    Schedule 1 amended (Provisions with Respect to Membership of Board)

Schedule 1 to the Principal Act is amended as follows:

(a) by omitting from clause 1(1) "An appointed" and substituting "A";

(b) by omitting subclause (2) from clause 1;

(c) by omitting clause 6 and substituting the following clause:

6.   Filling of vacancies

If the office of a member becomes vacant, the Governor may appoint a person to the vacant office for the remainder of the term of the member who vacated the office.

42.   Schedule 3 amended (Powers and Procedures of Committees of Assessors and the Tribunal)

Clause 7 of Schedule 3 to the Principal Act is amended by inserting after subclause (3) the following subclause:

(3A) In an inquiry, the Board is entitled to be represented by a legal practitioner or any other person.

43.    Schedule 4 amended (Provisions with Respect to Membership of Tribunal)

Clause 5 of Schedule 4 to the Principal Act is amended as follows:

(a) by inserting in subclause (1) ", including an alternate permanent member," after "member";

(b) by inserting the following subclause after subclause (1):

(1A) A member who is an alternate permanent member is also taken to have vacated office if –

(a) the appointment of the permanent member for whom he or she is an alternate expires and is not renewed; or

(b) the permanent member for whom he or she is an alternate vacates office under this clause, except by reason of death; or

(c) in a case where the alternate permanent member is acting in office following the death of the permanent member for whom he or she is an alternate, a new permanent member is appointed to replace the deceased permanent member.

44.    Schedule 5 amended (Provisions with Respect to Proceedings of Tribunal)

Clause 2 of Schedule 5 to the Principal Act is amended as follows:

(a) by omitting from subclause (2) "members, other than the chairperson," and substituting "special members";

(b) by omitting from subclause (2) "regardless of whether, in the case of a vacancy in the office referred to in section 62(2)(b), any other person is appointed to the vacant office";

(c) by inserting in subclause (3) "special" after "of the".

45.    Schedule 10 repealed

Schedule 10 to the Principal Act is repealed.

46.   Reviewing former findings of professional misconduct

(1)  In this section,

prescribed period means the period commencing on 1 July 1996 and ending immediately before this Act commences.

(2)  An expression used in this section and defined in the Principal Act has the same meaning in this section as in that Act.

(3)  A person who has been found by the Tribunal to have been guilty of professional misconduct as a nurse for –

(a) practising without a practising certificate in the prescribed period; or

(b) practising in a restricted practice area in the prescribed period, without authorisation to practise in that area –

may apply to the Board at any time in the 2 year period immediately following the prescribed period to review that finding.

(4)  The Board must consider the application as soon as practicable after it is received by the Board.

(5)  If the Board is satisfied that the applicant for review did not deliberately –

(a) practise without a practising certificate in the prescribed period; or

(b) practise in the restricted practice area in the prescribed period, without authorisation to practise in that area –

the Board must, notwithstanding the finding of the Tribunal and the provisions of the Principal Act as in force before the end of the prescribed period, adjust the register or roll so that the entry relating to the finding remains in place as a finding of guilt but –

(c) does not for any purpose constitute a finding of professional misconduct; and

(d) did not at any time constitute a finding of professional misconduct.

(6)  The Board may, at the request of the applicant, give notice of the adjustment of the register or roll to any person.

(7)  For the purposes of this section, the Board –

(a) may inform itself on any matter in any way it considers appropriate; and

(b) may examine any record of the Tribunal; and

(c) must observe the rules of natural justice.

(8)  Nothing in this section entitles a successful applicant to –

(a) claim any compensation against the Board, Tribunal or State; or

(b) a refund of any fines imposed on, or any costs awarded against, the applicant by the Tribunal.

[Second reading presentation speech made in:

House of Assembly on 22 JUNE 1999

Legislative Council on 30 JUNE 1999]