By Stuart Eustice, Partner and Zoe Vlahogiannis, Lawyer

Nursing and Midwifery Board of Australia v Varghese (Review and Regulation) [2025] VCAT 133 (11 February 2025)

A nurse has been reprimanded, her registration has been suspended for three months and supervision conditions have been imposed after the Tribunal found the nurse had entered a personal and sexual relationship with a patient. The patient attended upon the GP clinic where the nurse worked. The nurse undertook a long care plan review with the patient, in which the patient described issues with his mental health, including suicidal ideation, issues with his marriage and wanting a friend to confide in. The nurse provided him with her personal mobile number as a crisis contact. This resulted in ongoing telephone contact between the nurse and patient, from which a personal and then sexual relationship ensued. The patient’s wife discovered the relationship and reported it to the clinic, who notified Ahpra.

In coming to its determinations, the Tribunal noted the Board did recognise the nurse did not solely start the relationship, and her conduct was not predatory, however there is a recognised power imbalance between a nurse and patient.

The Tribunal found the nurses’ conduct constituted professional misconduct and was below the standards required of a nurse.

Nursing and Midwifery Board of Australia v Augustine (Review & Regulation) [2025] VCAT 85 (3 February 2025)

A nurse was convicted of criminal offences relating to accessing, transmitting and possessing child abuse material. The Tribunal found that because of his charges, he had engaged in professional misconduct. However, it was further found he had engaged in professional misconduct for his failure to notify the Board of the conviction. As a result, the Tribunal made the following determinations: the nurse was reprimanded; his registration was cancelled; he is disqualified from applying for registration for a period of six years; and he is prohibited from providing any health service until such time as he is registered as a health practitioner.

Medical Radiation Practice Board of Australia v Lau (Review and Regulation) (Corrected) [2025] VCAT 35 (15 January 2025)

The Tribunal found that a radiographer had engaged in professional misconduct as he: conducted Xray and CT scans on patients without referrals; conducted these scans on close family members; obtained referrals for such procedures retrospectively; provided false and misleading statements to the Board about the conduct; and failed to co-operate with the Board’s investigations.

Prior to the clinic opening, the radiographer conducted X-ray and CT scans on his parents without having obtained a referral, or approval from a radiologist. This was in circumstances where his parents both suffered health conditions causing pain, did not reside in Australia and were not covered by Medicare. His employer become aware of this and terminated him that day.

The radiographer then attended a GP with his parents and got the GP to provide retrospective referrals for the X-ray and CT scans which he had already carried out.

His employer notified the Board. The radiographer made false statements to the Board advising that referrals had been carried out prior to him conducting the scans and that staff members of the clinic had given him permission to conduct the procedures.

As a result on the above actions, the radiographer was reprimanded, his registration was suspended for 9 months, and conditions, including education and mentoring, were imposed on his registration.

Nursing and Midwifery Board of Australia v Potter (Review and Regulation) [2025] VCAT 13 (6 January 2025)

The Tribunal found that a nurse had engaged in professional misconduct when caring for a past acquaintance whilst she was in hospital. It was found the nurse had violated boundaries as he inappropriately messaged, hugged and kissed the patient who was under his care. The Tribunal reprimanded the nurse, and he was disqualified from applying for registration for 12 months.

Nursing and Midwifery Board of Australia v Cook (Review and Regulation) [2024] VCAT 1202 (18 December 2024)

A nurse was reprimanded, and his registration was suspended for 2 years after it was determined he had engaged in professional misconduct. In January 2019, the nurse was involved in a motor vehicle accident, after driving 170km/ph in an 80km/ph zone while double the legal blood alcohol limit. The nurse caused an accident which left the driver of another vehicle with life threatening injuries.

The nurse pleaded guilty in July 2020 and was convicted and sentenced. It was agreed that this conduct amounted to professional misconduct.

The Tribunal was also asked to determine whether, in November 2019, the nurse had engaged in professional and/or unprofessional misconduct as a result of being impaired due to drugs and/or alcohol and/or tiredness and/or fatigue while on shift.

It was alleged that in November 2019, prior to his shift, a colleague collected the nurse from the train station and noted he was acting out of character, with signs he was intoxicated. Prior to commencing his shift, the nurse contacted his manager, who reported he sounded under the influence. Whilst on shift, it was observed the nurse’s speech was slurred, he sounded sedated and had difficulty grasping items. His manger told him to go home, however he stated he just needed to rest, and subsequently slept for an extended period while on shift, before going home on sick leave.

The Board relied on the witnesses’ statements from the nurse’s manger and colleague to prove the allegations. However, the Tribunal determined that due to the lack of specificity in the statements, there was not sufficient evidence to make finding that the nurse’s presentation was due to him being affected by alcohol and/or drugs rather than tiredness and/or fatigue and there was nothing to establish that his tiredness (or fatigue) meant his practise at that time was impaired.