Nursing and Midwifery Board of Australia v Faulkner

The Nursing and Midwifery Board of Australia brought an appeal against a registered nurse, the respondent, who had been found to have engaged in professional misconduct. The Board sought to challenge the decision of the tribunal, which had reprimanded the respondent but did not suspend their registration. The respondent had been found to have incorrectly administered drugs, lied about the administration of drugs, and taken a colleague's personal belongings. The tribunal had found the respondent's conduct to be dishonest and accepted that they were unlikely to engage in similar conduct again. The central issue before the court was whether the tribunal erred in not ordering the respondent's registration to be suspended.

The court examined whether the tribunal had considered the appropriate range of penalties available and whether it had adequately justified its decision not to suspend the respondent's registration. The tribunal had noted the respondent's otherwise good character and their unblemished record, as well as the absence of any harm to the public caused by their actions. The court held that the tribunal had erred in its approach to penalty, as it had not adequately considered the range of penalties available, nor had it properly justified its decision not to suspend the respondent's registration. The court found that the tribunal's decision was unreasonable and that the appropriate penalty should have been a suspension of the respondent's registration.

The appeal was dismissed, and the order made by the tribunal was set aside. The court ordered that the respondent's registration be suspended for a period of six months, and that the appellant pay the respondent's costs of the appeal. The court also extended the time for applying for leave to appeal to 13 June 2017 and granted leave to appeal.