NURSING & MIDWIFERY BOARD OF AUSTRALIA and FERNANDEZ [2018] VR 124

STATE ADMINISTRATIVE TRIBUNAL
[2018] VR 124
15/02/2019
Health Practitioner Regulation National Law (WA) Act 2010 - Schedule s193(1)(a)(i)Referral
VR 124/2018
8 FEBRUARY 2019
MS H LESLIE, MEMBER
08/02/2019
Perth
NURSING & MIDWIFERY BOARD OF AUSTRALIA
MICHELLE FERNANDEZ

 

Upon the application of the parties to settle the proceedings determined by the State Administrative Tribunal:

 

The Tribunal notes:

 

The Nursing & Midwifery Board of Australia alleged that there is proper cause for disciplinary action against the respondent under section 193(1)(a)(i) of the Health Practitioner Regulation National Law (WA) Act 2010 (National Law).

 

At the mediation conducted on 29 January 2019, the parties agreed the terms upon which the proceedings could be settled.

 

The facts agreed by the parties are contained in Annexure A.

 

The Tribunal is satisfied that proper cause exists for disciplinary action against the respondent.

 

The Tribunal Orders:

 

To give effect to the agreed terms of settlement, it is on 8 February 2019 ordered that:

 

1.     The respondent has behaved in a way that constitutes professional misconduct by reason of her conviction upon one count of unlawfully wounding another with intent to do grievous bodily harm contrary to section 294(1) of the Criminal Code (WA), which conduct occurred whilst she was a registered nurse, but which was not connected with her practise as a nurse.

 

2.     The respondent be disqualified from applying for registration for a period of 2 years from the date of the Tribunal's final orders.

 

3.     The respondent pay a contribution of $5,000.00 towards the Board's costs of the Tribunal proceedings.

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