Fletcher v Queensland Nursing Council

DISTRICT COURT OF QUEENSLAND

CITATION:

Fletcher v Queensland Nursing Council [2009] QDC 129

PARTIES:

Glennys Laurel Fletcher

(Appellant)

v

Queensland Nursing Council

(Respondent)

FILE NO/S:

3074 of 2008

DIVISION:

Appellate

PROCEEDING:

Appeal against Nursing Tribunal finding of unsatisfactory professional conduct and penalty

ORIGINATING COURT:

Nursing Tribunal

DELIVERED ON:

25 May 2009

DELIVERED AT:

Brisbane

HEARING DATE:

27 April 2009

JUDGE:

Robin QC DCJ

ORDER:

Appeal allowed, charge against the appellant dismissed, respondent to pay for costs of the appeal to be assessed on the standard basis, and her costs in the Nursing Tribunal, fixed at $10,000.

CATCHWORDS:

Nursing Act1992 s 104A, s 116, s 137 – whether appellant registered nurse faced a single charge of abusing her position of influence and trust, in respect of a former patient whose domiciliary carer she was (by refusing to relinquish a gift of the bulk of his estate under a will made 5 months after his hospitalisation) or multiple charges by reference to particulars – where Tribunal found some but not all particulars proved, but made no finding of abuse – no clear delineation or guidelines available as to “boundary issues” to do with clarifying that the therapeutic relationship had ended when the appellant on a voluntary basis continued to visit the testator in hospital and other institutions, and performed services for him.

COUNSEL:

J Allen with K Forrester for the Appellant

D Tait SC for the Respondent

SOLICITORS:

Roberts and Kane Solicitors for the Appellant

Rodgers Barnes and Green Lawyers for the Respondent

1. This is Mrs Fletcher’s appeal under s 137(2) of the Nursing Act 1992 against an “order” of the Nursing Tribunal (as referred to in subsection (1)(c)) of 6 October 2008 following a hearing of some days’ duration of a charge or charges of unsatisfactory professional conduct as a registered nurse contrary to s 104A(1) of the Act. The orders, made pursuant to “charges” 1, 2, 4 and 5 in an amended notice of charge being found proved, are:

“ 1.   The Respondent’s registration is forthwith cancelled.

2.   The Respondent is prohibited from re-applying for registration, or applying for enrolment or an authorisation to practise nursing (“the application”) until:

2.1A period of two (2) years from the date of these Orders has elapsed;

2.2The respondent has completed, at her expense, a course (or courses) in ethics, professional responsibility and accountability, and nursing and the law, such course or courses to be nominated by the respondent and approved in writing by Council;

2.3The respondent has provided to Council reports from the course convenors satisfying Council that she has successfully completed the courses referred to in paragraph 2.2;

2.4After complying with paragraphs 2.2 and 2.3, the respondent has sat (or re-sat if necessary) an oral examination at a time to be nominated by Council before two (2) senior nurses to be nominated by Council, in order to demonstrate a sufficient level of knowledge of those issues referred to in paragraph 2.2;

2.5Council has received a written report from the two (2)…