INVESTIGATING COMPLAINTS

When a report has been assessed to establish its jurisdiction under the Nurses Act 1999, it is allocated to an investigator. The registered nurse, nurse practitioner, midwife, mental health nurse or enrolled nurse who is under investigation is informed in writing that an investigation has commenced and is provided with a copy of the de-identified report.

During the investigation process, if the registered nurse, nurse practitioner, midwife, mental health nurse or enrolled nurse holds a current certificate of registration or enrolment they may continue to practise.

The investigation is an evidence-based process which includes identifying and interviewing witnesses and accessing documentation such as hospital records, rosters and medical reports. The Nurses Board investigators must be thorough and obtaining such information can be a lengthy process.

As soon as specific details have been obtained, the person under investigation will be provided with the allegations and given the opportunity to respond, in accordance with natural justice.

In most instances it is only after the person under investigation has had an opportunity to respond, that the matter is referred to the Registrar. If the investigation reveals evidence of a breach of the Nurses Act 1999, the Registrar may refer the matter to the Board for a formal hearing.

If evidence is not found to substantiate a breach of the Nurses Act 1999, the Registrar will close the matter. The thoroughness of the investigation ensures that all relevant information is considered and the registered nurse, nurse practitioner, midwife, mental health nurse or enrolled nurse is afforded the opportunity to put their version of events on record.

If the Registrar decides to lay the matter before the Board, it is referred to the Crown Solicitor's Office where a solicitor formulates the formal complaint which is laid before the Board at its next meeting.