Panel hearing summary 2022.0916

Decision of the Nursing and Midwifery Board of Australia

Performance and professional standards panel 

Jurisdiction: Western Australia
Date of Decision: 3 March 2023

Classification of Notification

National law Breach - Breach of Conditions

Summary

The Board referred allegations that the Practitioner had behaved in a way that constitutes unsatisfactory professional performance due to his contraventions of conditions, specifically, by not completing education or completing a period of mentoring.

The Panel found the allegations to be proven, observing that while the Practitioner had engaged in partial compliance with his conditions, overall, his attempts had been insufficient to be deemed full compliance with the conditions, in particular noting his failure to provide requested information by established deadlines. This in turn inhibited his ability to further meet the conditions on his registration.

The Panel considered the Practitioner had been given multiple opportunities to comply with the conditions and sufficient information had been provided to him. The Panel observed the Practitioner’s submissions that he was unsure if he sought to retain his registration and reiterated that as long as he remained registered, he was required to comply with the conditions.

The Panel reprimanded the practitioner and re-imposed outstanding conditions for education and mentoring with a six-month review period. The Panel reminded the Practitioner that a continued failure to comply with his conditions could be grounds for a decision to refuse to renew registration.