Nursing and Midwifery Board of Australia v Brearley

The matter of Nursing and Midwifery Board of Australia v Brearley involved disciplinary proceedings against Mr Wade Benjamin Brearley, a former nurse who had been convicted of possessing child exploitation material and upskirting a colleague. The Board brought the disciplinary action based on Mr Brearley's criminal convictions, which occurred while he was working as a nurse. The key legal issues the court had to address were whether the proposed orders were appropriate given the nature of Mr Brearley's misconduct and the agreed sanctions. The court was satisfied that the orders would adequately address the risks Mr Brearley presented to his colleagues and the public.

The court found that Mr Brearley's conduct was of a lesser standard than reasonably expected, infamous, and discreditable to the nursing profession. His possession and viewing of child pornography, as well as the upskirting offence, revealed character failings that impacted his own reputation and that of his profession. The court considered the purpose of disciplinary sanctions to be maintaining professional standards, protecting the public, and maintaining confidence in the profession. Mr Brearley had already been punished for his criminal offences but the court found additional sanctions were required to protect the public if he was to be permitted to practise again.

The court ordered that Mr Brearley be reprimanded, prohibited from re-applying for registration for three years, and required to undergo extensive counselling and psychiatric treatment before being permitted to practise again. The orders also imposed strict conditions on his future registration and employment, including direct supervision and restrictions on access to minors and internet use in the workplace. The court considered these orders necessary to ensure Mr Brearley would not present a risk to the public if permitted to return to nursing.