FORMAL PROCEEDINGS

When a complaint of unprofessional conduct, incompetence or incapacity has been laid before the Board the formal Inquiry process begins. The same process is used when an application for initial registration, a reinstatement application or an application to have limitations varied or revoked is to be heard by the Board.

The Board holds a preliminary conference prior to the formal hearing. The registered nurse, nurse practitioner, midwife, mental health nurse, enrolled nurse or applicant is notified in writing of the time and place of the conference. This is a relatively informal meeting, presided over by a member of the Nurses Board, to discuss how the matter will proceed.

The Registrar will be present during the preliminary conference and is represented by a solicitor from the Crown Solicitor's Office. The registered nurse, nurse practitioner, midwife, mental health nurse, enrolled nurse or applicant is entitled to be accompanied by an advocate, companion or legal representative for support.

The purpose of the conference is to ensure that the nurse or applicant is aware of the nature of the complaint and the possible outcome of the formal Inquiry. It is an opportunity for the nurse or applicant to produce any additional information about health or nursing practice that they may wish the Board to consider.

The Board hears the formal Inquiry or hearing on a date and time usually arranged at the preliminary conference. At the formal hearing a member of the Registrations and Investigations Service acts as the ‘clerk of the court'. The Registrar's solicitor presents the complaint, and the nurse's representative (usually a solicitor) presents the nurse's case. Having heard all the evidence, the Board decides if the Act has been breached and determines the appropriate penalty. When the Board hears an application it decides whether to accept the application and whether conditions may be appropriate.

Following a hearing, the Board will opt to either:

• take no further action;

• give a formal reprimand;

• impose a fine;

• impose conditions;

• suspend or cancel a nurse from the register or the roll.