NURSING AND MIDWIFERY BOARD OF AUSTRALIA and HINDLEY [2019] VR 22

STATE ADMINISTRATIVE TRIBUNAL
[2019] VR 22
08/05/2019
Health Practitioner Regulation National Law (WA) Act 2010 - Schedule s193(1)(a)(i)Referral
VR 22/2019
7 MAY 2019
MS C BARTON, MEMBER
07/05/2019
Perth
NURSING AND MIDWIFERY BOARD OF AUSTRALIA
ALLAN HINDLEY

 

The Tribunal notes:

 

     The Nursing & Midwifery Board of Australia (Applicant) alleged that there is proper cause for disciplinary action against Mr Allan Hindley (Respondent) pursuant to s 196 of the Health Practitioner Regulation National Law (National Law) because the Respondent has behaved in a way that constitutes professional misconduct as defined in s5 of the National Law.

 

     The Respondent has admitted that he has behaved in a way that constitutes professional misconduct contrary to the National Law and the parties have agreed the terms upon which the proceedings could be settled pursuant to s54(8) of the State Administrative Tribunal Act 2004 (WA).

 

     By written agreement between the parties dated 7 May 2019 the parties agreed the terms upon which the proceedings could be settled.

 

     The Parties have agreed the relevant facts set out in Schedule 'A'

 

THE TRIBUNAL ORDERS:

 

     Being satisfied by reason of the Respondent's admissions that proper cause exists for disciplinary action against the Respondent, and in order to give effect to the agreed terms of settlement of the proceeding, on 7 May 2019 it is ordered, pursuant to s54(8) of the State Administrative Tribunal Act 2004 (WA) that:

 

1.     the Respondent has behaved in a way that constitutes professional misconduct in terms of s196(1)(b)(iii) of the National Law, in that:

 

(a)     he was convicted of using a carriage service for child pornography material pursuant to s474.19 of the Criminal Code 1995 (Cth) (Offence);

 

(b)     he committed the Offence in circumstances where he was accessing child exploitation material, using his personal electronic and computer devices, through a Russian website called Image Source, which material included, but was not limited to, images of young female children in sexually suggestive positions and acts;

 

(c)     by virtue of the Respondent's conduct set out in 1a. and 1b. above, the Respondent failed to adhere to:

(i)     conduct statement 3 of the Applicant's Code of Professional Conduct for Nurses in Australia (August 2008 edition, effective from 7 May 2013) (Code), which requires nurses to practise and conduct themselves in accordance with laws relevant to the profession and practice of nursing; and

(ii)     conduct statement 9 of the Code, which requires nurses to maintain and build on the community's trust and confidence in the nursing profession;

 

2.     pursuant to s196(2)(a) of the National Law, the Respondent is reprimanded;

 

3.     pursuant to s196(4)(a) of the National Law, the Respondent is disqualified from applying for re-registration as a nurse for 2 years from the date of these orders; and

 

4.     the Respondent is to pay a contribution towards the Applicant's costs of the Tribunal application, fixed in the amount of $800.

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