By Stuart Eustice, Partner and Zoe Vlahogiannis, Associate

Psychology Board of Australia v Joubert (Review and regulation) [2025] VCAT 1080

A psychologist was found to have engaged in professional misconduct for failing to maintain appropriate professional boundaries that should, and ordinarily do, delineate the relationship between a psychologist and a client.

Particulars of the psychologist’s breach included:

• making inappropriate personal disclosures to the client during treatment sessions;
• providing an assessment report to a court in a proceeding involving his client, which purported that he was her independent treating professional;
• assisting the client with personal matters, including with her studies;
• lending the client money;
• regular texting and phone calls; and
• the relationship becoming sexual.

The psychologist was reprimanded, his registration was cancelled, and he was disqualified from practice for 3 years.

Nursing and Midwifery Board of Australia v DZQ (Review and Regulation) [2026] VCAT 33

A nurse has been reprimanded, suspended for five months, and conditions imposed on her registration, after it was found she had engaged in professional misconduct.

In 2023 a patient was admitted to hospital and arrived in possession of several medications including approximately 20 Endone tablets. These medications were stored in a medication bag and secured in meditation room during the patient’s admission. After discharge, the patient contacted the hospital to report that the Endone was not in the medication bag. CCTV footage identified the nurse as the last person to be in possession of the patient’s medication. The nurse admitted taking the patient’s Endone. The issue in dispute was that while the nurse admitted that she took the patient’s Endone, she did not agree that she took up to 20 tablets, and instead stated she took 17 tablets.

A factor considered by the Tribunal in the determination is that the nurse had previously been found to have engaged in professional misconduct for supplying schedule 8 drugs to a relative. Therefore, while the nurse was remorseful and admitted to the conduct immediately and cooperated with the investigation, a period of suspension was required.

Nursing and Midwifery Board of Australia v Domingo (Occupational) [2026] VCAT 67

A nurse was found to have engaged in professional misconduct as she:

• either personally or by arranging for a colleague to do so on her behalf, on at least 16 occasions, generated a falsified medical certificate and submitted the certificate to her employer to access accrued personal leave entitlements or leave without pay; and
• assisted colleagues with generating falsified medical certificates and/or the submission of falsified medical certificates, so that the relevant colleagues could access accrued personal leave entitlements or leave without pay; and
• providing information that was false and/or misleading during the investigation.

As a result, the Tribunal reprimanded the nurse and suspended her registration for 3 months. When considering the period of suspension, the Tribunal noted that the nurses conduct did not compromise the safety or wellbeing of patients and took into account significant personal stress the nurse was experiencing at the time of the conduct.