PROFESSIONAL REGULATION, LICENSING AND GOVERNMENT REVIEW
REGULATORY, HEALTH & ADMINISTRATIVE DISPUTES AHPRA, LICENSING & TRIBUNAL REVIEW LAWYERS
Most merits-review applications must be lodged within 28 days of the decision, and AHPRA can take immediate action against a practitioner’s registration before any hearing.
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UNDERSTANDING REGULATORY AND ADMINISTRATIVE DISPUTES
Your Guide
Regulatory and administrative disputes are challenges to decisions of regulators such as AHPRA and the National Boards, licensing bodies and government agencies, pursued through internal review, merits review in a tribunal, or judicial review in court.
The key distinction is between merits review, which remakes the decision on the facts and law, and judicial review, which examines legal error. Deadlines, stay applications and the evidentiary record require immediate attention.
Jaswinder Says
A regulatory response should aim to protect the immediate right to practise while building the factual and expert record needed for the final review.
— Jaswinder (Jas) Sekhon · Director / Principal
How the Process Unfolds
FROM NOTICE TO REVIEW AND FINAL DETERMINATION
The process commonly begins with a complaint, investigation notice, proposed condition, refusal, suspension or immediate-action decision. Early submissions can influence whether the matter resolves without a formal hearing and what evidence is accepted into the record.
Urgent stay or interim relief may be required to preserve registration, employment, income or business operations pending review. Merits review usually involves fresh consideration of the decision, while judicial review focuses on jurisdiction, procedure and legal error. The stages below provide a practical guide, but the statute, regulator, tribunal and applicable filing deadline must be checked for every matter.
Notice or investigation
Review the complaint, proposed action or decision, preserve records and identify the governing statute and deadline.
Written submissions
Prepare factual, legal and expert material addressing risk, public protection, proportionality and the proposed outcome.
Immediate action or conditions
Respond to suspension, conditions, show-cause action or refusal and seek a stay where available and necessary.
Internal or merits review
File the review, prepare evidence and test whether the correct and preferable decision should be substituted.
How we instruct, brief and work with Barristers (Counsel) - Our litigation strategy.
Tribunal hearing
Witnesses and experts are examined and submissions address registration, conduct, sanction, licensing or administrative entitlement.
How we instruct, brief and work with Barristers (Counsel) - Our litigation strategy.
Court appeal or judicial review
Challenge legal error, jurisdiction, procedural fairness or appealable findings within the applicable statutory pathway.
How much does challenging a regulatory or AHPRA decision cost?
INDICATIVE CUMULATIVE COSTS AND TIME
The cost pathway differs between early submissions, NCAT merits review, federal Administrative Review Tribunal proceedings and court-based judicial review. Expert reports, urgent stay applications, multiple allegations and parallel employment or criminal issues can increase complexity and urgency.
The figures are indicative planning ranges only and must be checked against the regulator, statutory scheme and scope of evidence. Early strategy should focus on preserving practice rights, controlling the record and matching the legal forum to the actual error or outcome challenged.
Regulatory cost planning should account for the professional and commercial consequences of interim restrictions, the need for expert evidence, parallel proceedings and the value of an early, well-supported resolution.
Indicative planning ranges only. Figures exclude GST and disbursements unless stated and must be confirmed in a matter-specific written estimate.
Videos, Guides and Articles
INSIGHTS AND PRACTICAL GUIDANCE
Use these resources to understand the procedure, prepare more effectively and identify the questions that should be addressed before the next stage.
VIDEOS & GUIDES
Voluntary administration, liquidation and receivership
Who controls the company, what happens to claims and how creditor rights differ.
Voluntary administration, liquidation and receivership
Who controls the company, what happens to claims and how creditor rights differ.
MORE ARTICLES BY JASWINDER (JAS) SEKHON
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The case of Bass & Bass and Anor [2016] FamCAFC 64 (29 April 2016) was heard
Protect your registration, licence and professional future.
- Urgent response and stay strategy
- AHPRA, NCAT and ART representation
- Expert evidence and judicial review planning
Key terms defined
GLOSSARY — REGULATORY & ADMINISTRATIVE LAW TERMS
AHPRA notification a complaint or concern lodged with the regulator about a health practitioner
Immediate action urgent suspension or conditions imposed to protect the public before a full hearing
Show-cause notice a notice requiring written submissions on why proposed action should not be taken
Conditions &
undertakings restrictions on practice imposed by, or agreed with, the regulator
Merits review a tribunal remaking the decision on the facts and law to reach the correct and preferable outcome
Judicial review a court examining whether the decision was lawfully made (ADJR Act / s 75(v)), not whether it was right.
Frequently Asked Questions
COMMON QUESTIONS
Practical answers about the process, deadlines, costs, evidence and likely next steps.
These responses are general information only and should be checked against the facts and applicable jurisdiction.
The regulator gathers information, assesses risk and may seek submissions, impose action or refer the matter for formal proceedings.
Often yes, but immediate action or conditions may restrict practice and may require urgent review or stay relief.
It is an interim protective measure, such as suspension or conditions, imposed before final disciplinary determination.
The tribunal reconsiders the facts, law and discretion to reach the correct or preferable decision.
A court examines whether the decision was lawfully made, including jurisdiction, procedure and legal error.
The deadline depends on the legislation and decision and may be short, so the decision notice should be reviewed immediately.
A stay may be available under the governing statute, subject to the relevant legal test.
Often in health, technical or professional matters, particularly where competence, risk or accepted practice is disputed.
Yes. Registration or licensing action may create separate employment, contractual, insurance and disclosure consequences.
Appeal rights usually focus on questions of law and are subject to a specific statutory pathway and deadline.