Shelley v Nurses & Midwives Tribunal of NSW & Anor [2007] NSWSC 1240

Shelley v Nurses & Midwives Tribunal of NSW & Anor [2007] NSWSC 1240

The Tribunal's findings of professional misconduct, unsatisfactory professional conduct, and impairment were properly based on the proven facts. The Tribunal's written reasons, read as a whole, met statutory requirements and were sufficiently clear in explaining both the s 64 order (removal and period before reapplication) and the issues considered. No error of law or discretionary miscarriage was established; thus, the grounds of appeal failed.

Jurisdiction
Australia
Judgment Date
07 November 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['professional Misconduct' 'impairment' 'removal From Register' 'procedural Fairness' 'tribunal Appeals']
['administrative Law' 'health Law' 'professional Discipline'] ['professional Misconduct' 'impairment' 'removal From Register' 'procedural Fairness' 'tribunal Appeals']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Tribunal denied procedural fairness or natural justice to the plaintiff in determining the period before reapplication for registration' "Whether the Tribunal's reasons for the s 64 order were adequate under s 66(4) of the Nurses and Midwives Act 1991" 'Whether findings of professional misconduct, unsatisfactory professional conduct, and impairment were properly established' 'Whether errors of law or errors in the exercise of discretion justify intervention by the Supreme Court']

Ratio Decidendi

The Tribunal's findings of professional misconduct, unsatisfactory professional conduct, and impairment were properly based on the proven facts. The Tribunal's written reasons, read as a whole, met statutory requirements and were sufficiently clear in explaining both the s 64 order (removal and period before reapplication) and the issues considered. No error of law or discretionary miscarriage was established; thus, the grounds of appeal failed.

Court Disposition

Appeal dismissed

Orders

  • ['The summons, as amended, is dismissed.' "The plaintiff is to pay the second defendant's costs of and in relation to this appeal."]