A 2025 decision of the Queensland Civil and Administrative Tribunal (the Tribunal) found an enrolled nurse had engaged in conduct that constituted professional misconduct following a guilty plea to 64 criminal offences, failure to notify the Nursing and Midwifery Board of Australia within seven days of becoming aware of a relevant event on twelve occasions as well as providing a false declaration to the Board when applying to renew her registration.
What is a relevant event?
Pursuant to section 130 of the National Practitioner Regulation National Law (Qld) (the National Law) a registered health practitioner or student, must, within seven days of becoming aware that a relevant event has occurred, provide notice to the respective National Board. A relevant event is described in the National Law and includes but is not limited to the following occurrences:
That a practitioner:
- is charged with a scheduled medicine offence;
- is charged with an offence punishable by imprisonment by up to 12 months or more;
- is found guilty of a charge relation to a scheduled medicine offence;
- is found guilty of an offence punishable by imprisonment;
- no longer has appropriate professional indemnity insurance;
- has had their right to practise at a hospital or another facility at which a health service is provided withdrawn or restricted.
Failure to provide disclosure of a relevant event to the applicable national Board, may result in serious registration implications.
If you are unsure of whether you have a relevant event that needs to be disclosed to a national board, you should seek legal advice as soon as possible.
Failure to provide honest and candid information
In this case, the systematic and repeated failure to disclose relevant events along with providing a false declaration while applying to renew her registration contributed to the practitioner facing professional disciplinary proceedings. In the proceedings, the practitioner provided false and/or misleading information which was later corrected by her legal representatives.
The practitioner in this case, also largely failed to engage in the Tribunal proceedings which was not viewed favourably. The practitioner conducted herself in a way that the Tribunal said was ‘globally misleading and deceitful’ both in the responding to the allegations made against her as well as during the proceedings themselves. The Tribunal commented that this behaviour displayed a lack of rehabilitation, insight and remorse.
Sanction
The Tribunal considered a number of factors when contemplating the appropriate sanction:
- maintaining proper professional standards;
- maintaining public confidence;
- bringing home the seriousness of the conduct to the practitioner;
- specific deterrence; and
- general deterrence.
Upon consideration of these factors, the Tribunal found that the practitioner behaved in a way that constituted professional misconduct.
The practitioner was reprimanded and disqualified from applying for registration for a period of two years.
Key Takeaways
The key take aways from this case are:
- to fully understand your obligations under the National Law in respect of when a disclosure of a relevant event may be necessary; and
- to appreciate the manner in which you conduct yourself during an investigation or Tribunal proceedings as this will be a factor in the Tribunal assessing insight, remorse and rehabilitation – all of which are key factors in helping to reduce any regulatory outcome or sanction.
Health practitioners who need to declare a relevant event should seek legal advice and representation at an early juncture so these pitfalls can be avoided during the course of a workplace investigation, a regulator’s investigation or professional disciplinary proceedings.
Get help from a lawyer
If you are a health practitioner facing an investigation, or unsure about your obligations to disclose a relevant event, it is critical to seek advice early. Our experienced health law team can guide you through regulatory requirements and help protect your registration and reputation.
Contacting Hall Payne Lawyers
You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.
Phone: 1800 659 114
Email: general@hallpayne.com.au
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