The Psychoactive Substances Appeals Committee (PSAC) is an independent committee established under the Psychoactive Substances Act 2013 (the Act). PSAC hears appeals against decisions made by the Psychoactive Substances Regulatory Authority. The grounds for appeal are set out in section 45 of the Psychoactive Substances Act 2013.
Form of appeals
Parties wishing to appeal to the PSAC should prepare a written Notice of Appeal. If the appellant is represented by counsel the Notice is to be signed by counsel for the appellant.
At a minimum the written Notice of Appeal must:
- As succinctly as possible summarise the decision made by the Authority;
- Identify the date on which the decision was made;
- Identify what part(s) of the Authority’s decision is being appealed against;
- Summarise the points on appeal (ie, why the Authority’s decision should not have been made); and
- Identify the remedy that is sought by the appellant.
Appellants are also encouraged to include any additional information they consider relevant in the Notice of Appeal.
Filing an appeal
The Notice of Appeal can be filed with the Ministry of Health by sending it to firstname.lastname@example.org.
A Notice of Appeal is to be filed in hard copy but may also be filed by email. The address for filing is:
Psychoactive Substances Appeals Committee Convenor
Governance & Crown Entities, Corporate Services
Ministry of Health
PO Box 5013
Notices of Appeal must also be served on the Authority in hard copy.
Appeals must be received within 60 days of the Regulatory Authority’s decision, unless leave has been granted by the PSAC to file an appeal after this date.
Parties are able to contact the Convenor of the Appeals Committee for guidance at email@example.com.