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[2024] NSWCATOD 143
NCAT Occupational
2024-04-16
Original judgment source is linked above.
To advise the Nursing and Midwifery Council of NSW in writing at least seven (7) days prior to changing the nature or place of practice.
To forward evidence to the Nursing and Midwifery Council of NSW within seven (7) days of commencing employment, that the practitioner has provided a copy of the Tribunal decision to his nursing employer/s.
To only be employed as a nurse in circumstances where the employer has agreed to notify the Nursing and Midwifery Council of NSW of any breach of the conditions or unsafe practice, and exchange information with the Council related to compliance with the conditions.
The respondent must not: [a.] Be the nurse in charge of any shift, ward, or unit. [b.] Have supervisory responsibilities for any other nurse. [c.] Work as the sole practitioner on any shift, ward, or unit.
The respondent is to practice under the indirect supervision of a Registered Nurse in accordance with the Nursing and Midwifery Council of NSW regulatory supervision policy (as varied from time to time) and as subsequently determined by the appropriate review body. [a.] The respondent is to nominate a supervisor for approval by the Nursing and Midwifery Council of NSW within 14 days of commencing work as specified by the Nursing and Midwifery Council of NSW. [b.] The respondent is to authorise the approved supervisor to provide written reports to the Nursing and Midwifery Council of NSW at monthly intervals, or as specified by the Nursing and Midwifery Council. [c.] The supervisor must: [i.] Not have any conditions on his/her registration. [ii.] Be on-site and available for reasonable access to provide advice if required by the respondent; and [iii.] Able to check in on the respondent during a shift to ensure the responsibilities delegated to the respondent are being met.
To nominate an experienced Registered Nurse to act as his professional mentor for approval by Nursing and Midwifery Council of NSW in accordance with the Nursing and Midwifery Council of NSW's Compliance Policy- Mentor (as varied from time to time) and as subsequently determined by the appropriate review body. [a.] The mentoring must comprise a minimum of 6 sessions with each session being of 1 hour duration occurring over a 3-month period. [b.] At each mentoring meeting the practitioner is to include discussion of the following: [i.] Any issues arising from his transition back to nursing, such as staffing levels and support and training from managers. [ii.] Appropriate handover procedures. [iii.] Appropriate record-keeping. [iv.] Incident response and management. [v.] Self-care. [c.] To authorise the mentor to report, in an approved format, to the Council every three months about the fact of contact, and to inform the Council if there is any concern about his professional conduct or personal wellbeing. [d.] To authorise the Nursing and Midwifery Council of NSW to provide approved mentors with a copy of the decision which led to the imposition of this condition.
To satisfactorily complete within 12 months of [date of decision] education approved by the Nursing and Midwifery Council: [a.] The practitioner must provide evidence to the Nursing and Midwifery Council of NSW of enrolment in approved courses on the following topics: [i.] Registered Nurse Standards for Practice. [ii.] Code of Conduct for Nurses. [iii.] Falls Assessment and Management. [iv.] Recognition, assessment, and escalation of deterioration. [v.] Clinical patient assessment (incl. vital signs A-G, GCS neurovascular observations). [vi.] Communication and documentation. [b.] Within one month of completing an approved course, the practitioner is to provide documentary evidence of satisfactory completion to the Council. [c.] The practitioner is to be responsible for any costs incurred in meeting this condition.
To be responsible for the cost associated with complying with the conditions.
These conditions may be altered, varied, or removed by the Nursing and Midwifery Council of NSW and the Nursing and Midwifery Council is the appropriate review body for the purposes of Part 8 Division 8 of the Health Practitioner Regulation National Law (NSW).
Sections 125 to 127 of the Health Practitioner Regulation National Law (NSW) are to apply whilst the practitioner's principal place of practice is anywhere in Australia other than in New South Wales, so that a review of these conditions can be conducted by the Nursing and Midwifery Board of Australia."
Issue: Costs
ORDERS
Schedule A-B (90813, pdf)
I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 13 September 2024
Health Care Complaints Commission
Morato
(1960) 104 CLR 186
(2009) 83 ALJR 494
(2009) 74 NSWLR 523
(1997) 41 NSWLR 630
[1998] HCA 11
[2009] HCA 7