[2018] VCAT 682
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2018-06-27
Original judgment source is linked above.
[1] Drake v Minister for Immigration and Ethnic Affairs [1979] 46 FLR 409.
[2] Under section 98(1)(c) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic), the Tribunal may inform itself on any matter as it sees fit.
[3] Roles and functions of enrolled nurses in Australia: Perspectives of enrolled nurses and registered nurses, R Endacott and Others, Journal of Clinical Nursing, July 2017; and Scope of Practice and workforce issues confronting Australian Enrolled Nurses: A qualitative analysis, L McKenna and Others, Collegian, April 2018.
[4] Section 3(1)(a) of the National Law.
[5] Section 38 of the National Law.
[6] Section 39 of the National Law.
A National Board established for a health profession may ... endorse the registration of a registered health practitioner registered by the Board as being qualified to practise in an approved area of practice for the health profession if the practitioner -
(a) holds either of the following qualifications relevant to the endorsement -
(ii) another qualification that, in the Board's opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification;
[10] For completeness we note that Ms Kaur also hold a Certificate III in Health Services Assessment but that was not a relevant qualification for registration purposes.
[11] [2013] NSWPT 3 at paragraphs 52 to 54.
[12] (Occupational and Business Regulation) [2007] VCAT 815.
[16] Sections 3 and 3A of the National Law.
Kaur
Nursing and Midwifery Board of Australia