NURSING & MIDWIFERY BOARD OF AUSTRALIA and SUDELL [2018] VR 108

STATE ADMINISTRATIVE TRIBUNAL
[2018] VR 108
05/10/2018
Health Practitioner Regulation National Law (WA) Act 2010 - Schedule s193(1)(a)(i)Referral
VR 108/2018
04/10/2018
MS P LE MIERE, MEMBER
04/10/2018
Perth
NURSING & MIDWIFERY BOARD OF AUSTRALIA
BLAIR DOUGLAS SUDELL

 

The Tribunal notes:

 

The Nursing and Midwifery Board of Australia (Applicant) alleged that there is proper cause for disciplinary action against Mr Blair Douglas Sudell (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 s 5 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 s 54(8) of the State Administrative Tribunal Act 2004 (WA).

 

By written agreement between the parties dated 4 October 2018 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 4 October 2018 it is ordered, pursuant to s 54(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 section 196(1)(b)(iii) of the National Law by reason of the conduct set out in Schedule A. 

 

2.     The Respondent is reprimanded under section 196(2)(a) of the National Law.

 

3.     Had the Respondent been registered as a nurse at the date of these orders, the Tribunal would have cancelled his registration under section 196(2)(e) of the National Law.

 

4.     The Respondent is disqualified from applying for registration as a nurse for a period of 4 years commencing from the date of the Tribunal's final orders under section 196(4)(a) of the National Law.

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