Chan v Nurses Board of Western Australia

[2008] HCATrans 14

[2008] HCATrans 014

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth   No P29 of 2007

B e t w e e n -

FRANCES MARY CHAN

Applicant

and

THE NURSES BOARD OF WESTERN AUSTRALIA

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 6 FEBRUARY 2008, AT 9.20 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant sought registration as a nurse under the Nurses Act 1992 (WA). The respondent refused her application on the basis that the applicant had, in February 2001, been convicted in the District Court of Western Australia of four charges of stealing and two charges of fraud. She had been sentenced to 9 years imprisonment but had been released on parole in June 2004. Under s 22(2)(a) of the Act, to be registered as a nurse, an applicant must not have been convicted of an offence the nature of which renders the person unfit to practise as a nurse.

The applicant sought review of the decision.  The State Administrative Tribunal affirmed the decision of the Board, finding that the applicant's relatively recent convictions and ongoing parole undermined her claims to be a trustworthy and honest person, character traits important to the practice of nursing, and rendered her unfit to practise as a nurse.

On 12 June 2007 the Court of Appeal dismissed an application for an extension of time to apply for leave to appeal.  The Court held that the Tribunal applied the test required by s 22(2)(a) and identified the nature of the offences which rendered the applicant unfit to practice, as it was required to do.

The applicant's written submissions do not identify any question of law of general public importance, nor would the interests of the proper administration of justice warrant such a course of action.  It cannot be said that the Tribunal placed insufficient emphasis on matters favourable to the applicant, or that any other error has been shown in the balancing of various facts by the Court of Appeal or the Tribunal.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.  I publish the disposition signed by Kiefel J and myself.

AT 9.22 AM THE MATTER WAS CONCLUDED