1. The respondent having admitted the allegation, the Tribunal finds that he engaged in professional misconduct within the meaning of the definition of professional misconduct in paragraphs (a), (b) and (c) of section 5 of the Health Practitioner Regulation National Law (the National Law), details of which are set out in the attached reasons.

1. The respondent having admitted the allegation, the Tribunal finds that he engaged in professional misconduct within the meaning of the definition of professional misconduct in paragraphs (a), (b) and (c) of section 5 of the Health Practitioner Regulation National Law (the National Law), details of which are set out in the attached reasons.

1. The respondent is reprimanded.
2. The respondent's registration as a registered nurse is cancelled pursuant to section 196(2)(e) of the National Law.
3. The respondent is disqualified from being eligible for registration as a registered nurse pursuant to section 196(4) of the National Law for a period of one year commencing on 10 July 2019.

1. The respondent is reprimanded.
2. The respondent's registration as a registered nurse is cancelled pursuant to section 196(2)(e) of the National Law.
3. The respondent is disqualified from being eligible for registration as a registered nurse pursuant to section 196(4) of the National Law for a period of one year commencing on 10 July 2019 concurrent with the disqualification imposed by order 3 above.

This is an edited version of reasons given orally at the conclusion of the hearing.

1. Mr Darren Sanger (Mr Sanger) was first registered as a nurse in Victoria on 21 January 1992. As detailed at paragraph 6 below, Mr Sanger's registration was suspended by an Immediate Action Committee of the Board (IAC) on 5 October 2017.
2. The Board was established on 1 July 2010 and replaced the previous State and Territory boards (or participating jurisdictions and co-regulatory jurisdictions). Mr Sanger's professional conduct has been subject to the National Law since that time.

1. On 18 September 2017, a notification was made to the Australian Health Practitioner Regulation Agency (AHPRA) regarding Mr Sanger's alleged conduct in and around September 2017 (notification no. 00363995).

1. On 26 September 2017, an IAC proposed to take immediate action under section 156(1)(a) of the National Law.
2. On 4 October 2017, Ryan Carlisle Thomas Lawyers, on behalf of Mr Sanger, provided written submissions to the Board, which included:

1. Mr Sanger was no risk to the public as the medications he obtained were only ever for personal use; 2. during the period in question, Mr Sanger suffered from chronic neck and back pain, including neuropathic pain in his limbs, as a result of a workplace injury suffered during a fire at Port Phillip Prison in 2010, where he was working as a Registered Nurse. This incident resulted in two surgeries, however his chronic pain has not subsided;

1. the regularity at which he attended Tyrell's Pharmacy (at approximate one month intervals) indicates that Mr Sanger was taking the normal dosage and not giving these medications to the public;

1. they did not accept that any reputational risk raised by Mr Sanger's conduct was significant enough to cause a breakdown in the therapeutic relationship between the nursing profession and the public or a loss of public trust and confidence in the nursing profession; 2. they did not consider there was a strong or evidenced nexus between the unethical behaviour of Mr Sanger and the health and safety of the public; 3. Mr Sanger has made full admissions to Victoria Police, which shows he has insight into the seriousness of this matter, which mitigates against future, similar conduct; 4. Mr Sanger continues to be investigated by Victoria Police; 5. the relevant character is out of character for Mr Sanger, who has no criminal history and the conduct is confined to three instances in recent months; and 6. Mr Sanger is not currently working, and was not working at the time he sought the medications from the pharmacy.
2. On 5 October 2017, following consideration of Mr Sanger's submissions in respect of the proposed immediate action in accordance with section 157(3) of the National Law, the IAC decided to take immediate action pursuant to section 156 of the National Law, and it suspended Mr Sanger's registration (the Immediate Action Decision).

INVESTIGATION AND DECISION TO REFER TO THE TRIBUNAL

1. On 26 September 2017, the Board decided, pursuant to section 160(1)(a) of the National Law, to commence an investigation into Mr Sanger's alleged conduct.
2. On 3 November 2017, Mr Sanger was directed to attend addiction specialist, Dr Matthew Frei (Dr Frei). Mr Sanger accordingly attended Dr Frei for a health assessment on 27 November 2017.
3. On 16 May 2018, Gordon Legal, on behalf of Mr Sanger, provided a response to the entirety of the issues under investigation (which have since formed the subject of the Tribunal referral, outlined at paragraph 12 below), in which Mr Sanger admitted the entirety of the Board's allegations. Amongst other things, Mr Sanger advised in this response:

1. he took [Dr A's] prescription pad and used it to fill prescriptions for the same reasons he took the prescription pad of [Dr B]. That is, the relevant medications were for personal use and were procured in the context of an underlying medical condition of chronic pain; 2. he accepts that in light of his conduct, including denying to the health assessor that there were any further instances of procuring medication without a proper prescription, he is not currently a fit and proper person to practise nursing; and

1. he was arrested by Victoria Police, and on 20 April 2018 he pleaded guilty to these matters and was sentenced, without conviction, to a good behaviour bond and a fine of $800. The matters with the Northern Territory Police were, at that stage, ongoing.
2. On 16 August 2018, the Board, having formed a reasonable belief that Mr Sanger had behaved in a way that constitutes professional misconduct in respect of the above notification, determined to refer the matter to the Victorian Civil and Administrative Tribunal (the Tribunal) pursuant to section 193(1)(a)(i) of the National Law.
3. On 22 November 2018, the Board referred two allegations relating to the professional conduct of Mr Sanger to the Tribunal.
4. The allegations contained in the Notice of Allegations are as follows:

1. professional misconduct within the meaning of the definition of professional misconduct in paragraph (a) and/or (b) and/or (c) of section 5 of the National Law;

1. unprofessional conduct within the meaning of the definition of unprofessional conduct in section 5 of the National Law,

in that between approximately 22 February 2016 and 18 April 2018, Mr Sanger engaged in conduct that is substantially below the standard reasonably expected of a registered nurse, in that he:

1. misappropriated a blank prescription pad and/or pages of a blank prescription pad belonging to [Dr A];
2. prepared false documents prescribing Diazepam, Tramadol and Panadeine Forte to himself on the prescription pad of [Dr A], including forging [Dr A's] signature, on approximately sixteen occasions, representing approximately 28 prescription medications in total;
3. presented false documents purportedly prescribed by [Dr A] to various pharmacies so as to obtain Diazepam, Tramadol and Panadeine Forte for self-administration;
4. misappropriated a blank prescription pad and/or pages of a blank prescription pad belonging to [Dr B];
5. prepared false documents prescribing Diazepam, Lorazepam and Panadeine Forte to himself on the prescription pad of [Dr B], including forging [Dr B's] signature, on approximately nine occasions;
6. presented false documents purportedly prescribed by [Dr B] to various pharmacies so as to obtain Diazepam, Lorazepam and Panadeine Forte for self-administration; and
7. on or about 18 April 2018, was found guilty of charges relating to theft, obtaining property by deception and using a false document to prejudice at the Magistrates' Court of Victoria.

1. at all material times, Mr Sanger was a registered nurse;
2. between approximately 22 February 2016 and 4 July 2017, Mr Sanger was employed as a registered nurse at Headspace, Darwin, Northern Territory (Headspace), where [Dr A] was employed as a registered medical practitioner;
3. whilst employed at Headspace, Mr Sanger misappropriated a blank prescription pad and/or pages of a blank prescription pad, belonging to [Dr A];
4. between approximately 3 October 2016 and 17 February 2017, Mr Sanger prepared or caused to be prepared false documents including a forged signature of [Dr A] prescribing prescription medications, namely Diazepam, Tramadol and Panadeine Forte tablets, to himself, on the misappropriated prescription pad;
5. between approximately 4 October 2016 and 21 February 2017, Mr Sanger attended pharmacies with the false prescriptions purportedly authored by [Dr A], and obtained the following medications from these pharmacies under a false premise:

1. on 4 October 2016, he attended Chemist Warehouse, Ludmilla, to obtain: 1. 50 x diazepam 5mg tablets; and 2. 20 x tramadol SR 200mg tablets; 2. on 13 October 2016, he attended Bardens Pharmacy, Darwin to obtain: 1. 50 x diazepam 5mg tablets; and 2. 20 x tramadol SR 200mg tablets;

1. on 23 October 2016, he attended Bardens Pharmacy, Darwin to obtain: 1. 20 x tramadol SR 200mg tablets; and 2. 20 x panadeine forte tablets;

1. on 31 October 2016, he attended Chemist Warehouse, Ludmilla, to obtain: 1. 60 x panadeine forte tablets; and 2. either 20 x or 50 x diazepam 5mg tablets; 2. on 8 November 2016, he attended Stuart Park Amcal Pharmacy, Stuart Park, to obtain: 1. 50 x diazepam 5mg tablets; 3. on 15 November 2016, he attended Bardens Pharmacy, Darwin to obtain: 1. 20 x tramadol SR 200mg tablets; and 2. 50 x diazepam 5mg tablets; 4. on 26 November 2016, he attended Stuart Park Amcal Pharmacy, Stuart Park, to obtain: 1. 50 x diazepam 5mg tablets; and 2. 20 x tramadol SR 200mg tablets; 5. on 5 December 2016, he attended Chemist Warehouse, Ludmilla, to obtain:

1. on 17 December 2016, he attended Pharmasave Pharmacy, Darwin, to obtain: 1. 50 x diazepam 5mg tablets; and 2. 20 x tramadol SR 200mg tablets;

1. on 30 December 2016, he attended Chemist Warehouse, Ludmilla, to obtain: 1. 20 x tramadol SR 200mg tablets; 2. on 7 January 2017, he attended Pharmasave Pharmacy, Darwin, to obtain: 1. 50 x diazepam 5mg tablets; and 2. 20 x tramadol SR 200mg tablets;

1. on 13 January 2017, he attended Chemist Warehouse, Ludmilla, to obtain: 1. 20 x tramadol SR 200mg tablets; and 2. 50 x Diazepam 5mg tablets;

1. on 28 January 2017, he attended Stuart Park Amcal Pharmacy, Stuart Park, to obtain: 1. 50 x diazepam 5mg tablets; 2. on 6 February 2017, he attended Chemist Warehouse, Ludmilla, to obtain: 1. 50 x diazepam 5mg tablets;

• on 19 February 2017, he attended Chemist Warehouse, Ludmilla, to obtain: 1. 50 x diazepam 5mg tablets; and 2. 60 x panadeine forte tablets;

1. on 21 February 2017, he attended Darwin Mall Pharmacy, Darwin, to obtain: 1. 60 x panadeine forte tablets; and 2. 50 x diazepam 5mg tablets;
2. between approximately 15 May 2017 and 25 June 2017, Mr Sanger was employed as a registered nurse at Wyndham Clinic Private Hospital, Melbourne, Victoria (Wyndham Clinic), where [Dr B] was employed as a registered medical practitioner;
3. whilst employed at Wyndham Clinic, Mr Sanger misappropriated a blank prescription pad and/or pages of a blank prescription pad belonging to [Dr B];
4. between approximately 1 June 2017 and 14 September 2017, on approximately nine occasions, Mr Sanger prepared or caused to be prepared, false documents including [Dr B] forged signature prescribing prescription medications, namely Diazepam, Lorazepam and Panadeine Forte tablets, to himself, on the misappropriated prescription pad;
5. between approximately 2 June 2017 and 18 September 2017, Mr Sanger attended pharmacies with the false prescriptions purportedly authored by [Dr B], and obtained the following medications from these pharmacies under a false premise:

1. on 2 June 2017, he attended Tom Sarros Pharmacy, Altona, to obtain: 1. 50 x diazepam 5mg tablets; 2. on 23 June 2017, he attended Minh Ha Pharmacy, Werribee, to obtain: 1. 50 x diazepam 5mg tablets;

1. on 28 June 2017, he attended Tyrells Pharmacy, Altona to obtain: 1. 50 lorazepam 2.5mg tablets;

1. on 30 June 2017, he attended Pharmasave Sanctuary Lakes Pharmacy, Point Cook to obtain: 1. 50 x diazepam 5mg tablets; 2. on 4 August 2017, he attended Tyrrells Pharmacy, Altona to obtain: 1. 50 x diazepam 5mg tablets; 3. on 22 August 2017, he attended Mega Pharmacy Outlet, Altona North, to obtain: 1. 50 x diazepam 5mg tablets; and 2. 60 x panadeine forte tablets; 4. on 22 August 2017, he attended Point Cook Pharmacy, Point Cook, to obtain: 1. 50 x diazepam 5mg tablets; and 2. 60 x panadeine forte tablets; 5. on 2 September 2017, he attended Tom Sarros Pharmacy, Altona, to obtain: 1. either 50 x diazepam 5mg tablets or 50 x diazepam 5mg tablets and 60 x panadeine forte tablets;

1. on 18 September 2017, he attended Tyrrells Pharmacy, Altona to obtain: 1. 50 x diazepam 5mg tablets; and 2. 60 x panadeine forte tablets (the 18 September 2017 Prescription).
2. on or about 24 October 2017, Mr Sanger was charged with the following offences under the Crimes Act 1958 (Vic) (Crimes Act) in relation to his conduct with respect to the 18 September 2017 Prescription:

1. 'the accused at Hoppers Crossing between the 19/06/2017 and the 25/06/17 did steal a Prescription Pad being property belonging to Wyndham Clinic and valued at $50' (section 74 of the Crimes Act) (Theft Charge); 2. 'the accused at Altona on 14/09/2017 did by deception namely provided false documents to obtain medication by deception dishonestly obtain property namely medications belonging to Tyrells Pharmacy and valued at $50 with the intention of permanently depriving Tyrells Pharmacy of the said medications' (section 81(1) of the Crimes Act) (Obtain Property By Deception Charge); and

1. 'the accused at Altona on 14/09/2017 did a false document with the intention to use that document to induce another person namely [Dr B] to accept that document as being genuine and relying on that document did act to prejudice in that he obtained medications with such documents' (section 83A(2) of the Crimes Act) (Use A False Document To Prejudice Other Charge);
2. on or about 18 April 2018, in the Magistrates' Court of Victoria at Werribee, Mr Sanger plead guilty to, and was found guilty of, the Theft Charge, the Obtain Property By Deception Charge and the Use A False Document To Prejudice Other Charge (Pleas of Guilt) in relation to his conduct with respect to the 18 September 2017 Prescription;
3. 'Code of Professional Conduct for Nurses in Australia (7 May 2013 - 28 February 2018) provides that:

1. Conduct Statement 1 - Nurses practise in a safe and competent manner 1. 1 - Nurses are personally accountable for the provision of safe and competent nursing care. It is the responsibility of each nurse to maintain the competence necessary for current practice. Maintenance of competence includes participation in ongoing professional development to maintain and improve knowledge, skills and attitudes relevant to practice in a clinical, management, education or research setting; 2. 5 - Nurses practise in a safe and competent manner that is not compromised by personal health limitations, including the use of alcohol or other substances that may alter a nurse's capacity to practise safely at all times. Nurses whose health threatens their capacity to practise safely and competently have a responsibility to seek assistance to redress their health needs. This may include making a confidential report to an appropriate authority; 2. Conduct Statement 2 - Nurses practise in accordance with the standards of the profession and broader health system 1. 1 - Nurses are responsible for ensuring the standard of their practice conforms to professional standards developed and agreed by the profession, with the object of enhancing the safety of people in their care as well as their partners, family members and other members of the person's nominated network. This responsibility also applies to the nurses' colleagues; 2. 2 - Nurses practise in accordance with wider standards relating to safety and quality in health care and accountability for a safe health system, such as those relating to health documentation and information management, incident reporting and participation in adverse event analysis and formal open disclosure procedures;

1. Conduct Statement 3 - Nurses practise and conduct themselves in accordance with laws relevant to the profession and practice of nursing 1. 1 - Nurses are familiar with relevant laws and ensure they do not engage in clinical or other practices prohibited by such laws or delegate to others activities prohibited by those laws; 2. 4 - Nurses respect the possessions and property of persons people in their care and those of their colleagues, and are stewards of the resources of their employing organisations;

1. Conduct Statement 9 - Nurses maintain and build on the community's trust and confidence in the nursing profession 1. 1 - The conduct of nurses maintains and builds public trust and confidence in the profession at all times; 2. 2 - The unlawful and unethical actions of nurses in their personal lives risk adversely affecting both their own and the profession's good reputation and standing in the eyes of the public. If the good standing of either individual nurses or the profession were to diminish, this might jeopardise the inherent trust between the nursing profession and the public necessary for effective therapeutic relationships and the effective delivery of nursing care; 2. Conduct Statement 10 - Nurses practise nursing reflectively and ethically 1. 1 - Nurses practise nursing reflectively and ethically, in accordance with the Code of Ethics for Nurses in Australia, in order to learn from experience and contribute to personal and professional practice; and 2. 3 - Nurses evaluate their conduct and competency according to the standards of the nursing profession.

1. professional misconduct within the meaning of the definition of professional misconduct in paragraph (a) and/or (b) and/or (c) of section 5 of the National Law;

1. unprofessional conduct within the meaning of the definition of unprofessional conduct in section 5 of the National Law,

in that between approximately 26 February 2016 and 16 May 2018, Mr Sanger engaged in conduct that is substantially below the standard reasonably expected of a registered health practitioner and/or is inconsistent with him being a fit and proper person to hold registration in the nursing profession, in that he provided false and/or misleading information during the course of:

1. making submissions to the IAC on 4 October 2017; and
2. during a health assessment process on or about 27 November 2017.

1. at all material times, Mr Sanger was a registered nurse;
2. on 4 October 2017, upon receiving notice that the Board proposed to take immediate action with respect to his alleged conduct, Mr Sanger made the following submissions to an Immediate Action Committee of the Board:

1. the regularity at which he attended Tyrell's Pharmacy (at approximate one month long intervals) indicates that Mr Sanger was taking the normal dosage and not giving these medications to the public; 2. Mr Sanger has made full admissions to Victoria Police, which shows he has insight into the seriousness of the matter;

1. the relevant conduct is out of character for Mr Sanger, who has no criminal history and the conduct is confined to three instances in recent months; and

1. Mr Sanger is not currently working, and was not working at the time he sought the medications from the pharmacy (IAC submissions);
2. on or about 27 November 2017, in the course of the Board's investigation, Mr Sanger attended an independent health examination with Dr Matthew Frei (Dr Frei), at which Mr Sanger advised:

1. whilst working as a nurse at Wyndham Private Hospital, Mr Sanger stole a prescription pad; 2. he denied doing anything like this (theft) before;

1. in July and August 2017, he forged 2 scripts on the stolen prescription pad, for Lorazepam and Panadeine Forte; and

1. in September 2017, after re-injuring his neck, he attempted to submit another prescription for painkillers. On discovering that it was a forgery, the police were called and Mr Sanger was charged;
2. the representations outlined at particulars (ii) and (iii) above are misleading and/or false in that, between approximately 22 February 2016 and 18 September 2017, Mr Sanger engaged in more extensive misappropriation, preparation of false documents and presentation of false documents for self-administration than he represented in the IAC Submissions and to Dr Frei;
3. 'Code of Professional Conduct for Nurses in Australia (7 May 2013 - 28 February 2018) provides that:

1. Conduct Statement 1 - Nurses practise in a safe and competent manner 1. 1 - Nurses are personally accountable for the provision of safe and competent nursing care. It is the responsibility of each nurse to maintain the competence necessary for current practice. Maintenance of competence includes participation in ongoing professional development to maintain and improve knowledge, skills and attitudes relevant to practice in a clinical, management, education or research setting; 2. 5 - Nurses practise in a safe and competent manner that is not compromised by personal health limitations, including the use of alcohol or other substances that may alter a nurse's capacity to practise safely at all times. Nurses whose health threatens their capacity to practise safely and competently have a responsibility to seek assistance to redress their health needs. This may include making a confidential report to an appropriate authority. 2. Conduct Statement 3 - Nurses practise and conduct themselves in accordance with laws relevant to the profession and practice of nursing 1. 1 - Nurses are familiar with relevant laws and ensure they do not engage in clinical or other practices prohibited by such laws or delegate to others activities prohibited by those laws; 2. 4 - Nurses respect the possessions and property of persons people in their care and those of their colleagues, and are stewards of the resources of their employing organisations.

1. Conduct Statement 9 - Nurses maintain and build on the community's trust and confidence in the nursing profession 1. 1 - The conduct of nurses maintains and builds public trust and confidence in the profession at all times; 2. 2 - The unlawful and unethical actions of nurses in their personal lives risk adversely affecting both their own and the profession's good reputation and standing in the eyes of the public. If the good standing of either individual nurses or the profession were to diminish, this might jeopardise the inherent trust between the nursing profession and the public necessary for effective therapeutic relationships and the effective delivery of nursing care;

1. Conduct Statement 10 - Nurses practise nursing reflectively and ethically 1. 1 - Nurses practise nursing reflectively and ethically, in accordance with the Code of Ethics for Nurses in Australia, in order to learn from experience and contribute to personal and professional practice; and 2. 3 - Nurses evaluate their conduct and competency according to the standards of the nursing profession.

1. Mr Sanger admits that he engaged in the conduct particularised in the Notice of Allegations, set out in paragraph 12 above.
2. Mr Sanger admits that the conduct outlined in Allegation 1 and Allegation 2 (set out in paragraph 12 above) constitutes professional misconduct within the meaning of paragraphs (a), (b) and (c) of the definition of professional misconduct contained in section 5 of the National Law.

1. The parties jointly submit that the appropriate determinations in this matter are as follows:
   • (a) that Mr Sanger be reprimanded pursuant to section 196(2)(a) of the National Law;
   • (b) that Mr Sanger's registration as a registered nurse be cancelled pursuant to section 196(2)(e) of the National Law; and
   • (c) that Mr Sanger be disqualified from being eligible for registration as a registered nurse for a period of 3 to 4 years, pursuant to section 196(4)(a) of the National Law.
2. In this matter, Mr Sanger has faced two serious allegations and they relate to the theft and use of blank prescription pads belonging to doctors. It can only be seen as serious in relation to these allegations and these are allegations which if found, in some circumstances would lead to a severe disposition. The purpose of dispositions in jurisdictions such as this is not punitive. It is for several reasons, the greatest of which is the protection of the public. In this case we have allegations that the theft of the prescription documents led to the obtaining of medications for Mr Sanger's own use.
3. So from that point of view, there is a public protection issue in the sense that Mr Sanger is a member of the public as well, however there is no-one else involved.
4. Other considerations which we need to take into account are the questions of specific deterrence, general deterrence, and preservation of the reputation of the nursing profession. General deterrence is most important because it tells other members of the nursing profession that this type of conduct is not acceptable and that it will attract sanctions. The preservation of the reputation of the profession similarly so. Nursing is a well respected profession and the public should be able to have confidence that members of the profession are people of the highest integrity. To erode the reputation of the profession is a very serious matter which has the potential to undermine the confidence of the public in the profession.
5. Returning to the question of specific deterrence, now what we have to do in regard to that is to assess Mr Sanger as a person. It is clear that the unfortunate circumstances surrounding Mr Sanger's offending commenced with him sustaining an injury whilst working in Port Phillip Prison when a riot occurred. As a result Mr Sanger sustained injury in 2010. This led to surgery in 2012 after which he was prescribed analgesia, including opioids.
6. Mr Sanger did not have the support of family and friends while working in remote environments. The work that Mr Sanger was carrying out there was of a fairly stressful nature. The stress that Mr Sanger was experiencing was exacerbated by the unfortunate death of his father. There was not any improvement in Mr Sanger's circumstances until he returned to Melbourne. He was then back with family and friends and in May 2018 had further surgery. His pain problem has diminished since then and he says that he is now on minimal medication Having said that though, part of the offending did occur when he had returned to health.
7. We must look at, amongst other things Mr Sanger's life since the offending, whether he has taken ownership of the problem whether he has done anything to assist himself. As we said he has undergone further surgery. He is now participating in a chronic pain health plan which involves physiotherapy and chiropractic treatment. He has lost 20 kg. One might think that is insignificant. We consider that that is significant in the sense that it assists in the treatment of his problem and illustrates a positive attitude towards his rehabilitation.
8. Mr Sanger has taken up what might be regarded as healthy pastimes. He goes camping and fishing, he travels and he associates with his extended family. He is employed in the retail sector and his employer is aware of the criminal findings.
9. The other aspects that we consider is that Mr Sanger is 48 years old, has been involved in nursing for 26 years and has occupied various respected positions including senior clinician roles. He wishes to return to nursing in the mental health sector.
10. Also to Mr Sanger's credit is the nature of the work that he has pursued in the past. After what we might describe as normal hospital nursing, the positions that Mr Sanger has occupied involve working with the disadvantaged and vulnerable members of society. He has worked with indigenous persons, with prisoners, with detainees and with youth and in mental health. These are all worthy endeavours.
11. We consider that Mr Sanger is a person who has been caught up in an unfortunate set of circumstances as a result of his injuries. We consider that he has now taken positive steps to alleviate the problem. We take into account the fact that in the conduct of this matter Mr Sanger has agreed to the allegations, and proposed findings, he has made admissions which all go to his credit.
12. The uncontroversial aspects of the proposed determination are that Mr Sanger be reprimanded pursuant to section 196(2)(a) of the National Law and that his registration as a registered nurse be cancelled pursuant to section 196(2)(e) of the National Law. The question further which the Tribunal has been called upon to consider is the period of disqualification before which Mr Sanger may apply for registration. The joint submission which was filed with the Tribunal proposed a period of three to four years. Taking into account the fact that Mr Sanger has been suspended since October 2017. During the course of submissions on behalf of the Board, reference was made to various cases and after hearing Mr Sanger's submissions counsel on behalf of the Board stated that the Board's position would be a disqualification period of three years. Mr Sanger agrees to the three years. However, having pointed out previously that the Tribunal whilst it considers the submissions or any agreement in relation to the period of disqualification, it is not bound by them. The question which has been exercised in the minds of the members of this Tribunal is what should be the period of disqualification.
13. Mr Sanger has been suspended since October 2017. That in itself is a significant period. Having regard to that as well as the submissions made by Mr Sanger in relation to his life during the period of offending and since, the Tribunal is of the view that Mr Sanger has gone quite someway to reconstruct his life. Having regard to the fact that sanctions imposed by the Tribunal in these matters are not intended to be punitive, the Tribunal has formed the view that an adequate period of disqualification is one year from today.