By Stuart Eustice, Partner

Nursing and Midwifery Board of Australia v Barry (Review and Regulation) [2024] VCAT 1072

The Tribunal found that a nurse had engaged in professional misconduct after she misappropriated 16 ampules of morphine for her own personal use and made false and misleading statements to the Board. The Board took immediate action, and her registration was suspended (at the date of the hearing she had been suspended for 3.5 years). The Tribunal noted that her actions raised issues about both the nurse’s dishonesty and her health (ie. dependence on opioids).

Further, the nurse, when interviewed by the Board, stated she had been taking anxiety medication regularly. The Board obtained her medical records, and this proved to be false. The nurse subsequently admitted this.

The Tribunal was satisfied that no additional period of suspension needed to be imposed for the purpose of general deterrence. Instead, the Board determined that her registration would be subject to two conditions: specified formal education; and to take specified steps in relation to the management of her health.

Medical Board of Australia v Anderson (Review and Regulation) [2024] VCAT 1078

A medical practitioner has been reprimanded; disqualified from applying for registration as a medical practitioner for 10 years; and prohibited from providing any health service as a result of a finding of professional misconduct. The medical practitioner was a long-term volunteer doctor at a local sports club. He offered sports massage to players in club setting and at his home. He pleaded guilty and was convicted on four charges of sexual assault.

The Tribunal highlighted that its role is to protect the public, not punish the practitioner, however noted that decisions may involve a degree of punishment for the purpose of specific deterrence. The Tribunal considered a statement by the practitioner in which he expressed deep regret and remorse for his actions. Despite this, the Board was of the view he did not express regret or remorse for the impact his behaviour has had on his colleagues and the profession, which ‘indicated less than full insight into his offending’. These were important considerations by Board in finding its determination.

Psychology Board of Australia v Silvester (Review and Regulation) [2024] VCAT 1070

A phycologist’s registration was suspended for six months after it was found he had engaged in professional misconduct, specifically boundary violations, after he hugged and kissed a female patient at the conclusion of psychology sessions in 2019. The Tribunal noted that the disciplinary process had been delayed as the phycologist was also under criminal investigation for the same action (which was withdrawn). During this 5-year period, the phycologist attended mandated supervision and it was noted that reports by his supervisor indicated he had developed insight into managing professional boundaries, which was considered favourably by the Tribunal.

Nursing and Midwifery Board of Australia v Baniqued (Review and Regulation) [2024] VCAT 480

The nurse and his wife both worked at an aged care facility. They were expecting their first child. Unknown to them, their colleagues decided to hold a surprise Baby Shower while they were both on shift. Nurses and other staff members who were not on shift at the time attended. The nurse was having a busy shift as they were short staffed, and he was responsible for a specific area/level of the facility. Whilst working he was called to a vacant room where the Baby Shower was occurring. He stayed there for 5 minutes, before returning to work. However, at this time Melbourne was under strict COVID-19 restrictions and the nurse did not disperse the gathering, ensure the staff who were not on shift and other unauthorised visitors left the premises and report the gathering to another registered nurse. Shortly after the baby shower, there was a COVID-19 outbreak at the aged care facility and 38 residents died. There was no evidence that the Baby Shower was the source of the outbreak. However, the Board found he had engaged in professional misconduct for not dispersing the Baby Shower, and it was determined the nurse would be suspended for one month and that he had to undertake education as to accident/incident reporting and leadership in the nursing profession.

Chiropractic Board of Australia v PLE (Review and Regulation) [2024] VCAT 1014

A chiropractor was reprimanded for professional misconduct after findings that he failed to maintain professional boundaries by engaging in inappropriate sexual conduct with a patient and failing to maintain adequate or appropriate clinical records in relation to the patient. As a result, the Board cancelled his registration with a disqualification period of 12 months. He was also prohibited from providing any health services to any female patients until he became registered as a health practitioner.

Paramedicine Board of Australia v WYS (Review and Regulation) [2024] VCAT 1012

In January 2020 a paramedic was criminally charged for domestic violence. As a result of both being and failing to report to the Board that a criminal charge had been made against him, he was found to have engaged in professional misconduct and unprofessional conduct.

The Tribunal noted that acts of domestic violence are inconsistent with the qualities expected to be displayed by a paramedic. However, the Board also observed that there were mitigating factors, including that at the time of the incident the paramedic immediately recognised he did something wrong and cooperated with police, such that it was necessary to interfere with his registration. Instead, the paramedic was reprimanded, being a formal statement of denunciation which will appear on his professional registration record.