Nursing and Midwifery Board of Australia v Jacobsen

The Nursing and Midwifery Board of Australia brought a case against Tammy Jacobsen, a registered nurse, alleging professional misconduct. The Board claimed that Ms Jacobsen's actions constituted professional misconduct and sought to suspend her registration as a registered health practitioner. The dispute centred around whether Ms Jacobsen's conduct warranted suspension and if the public would be adequately protected by extending existing conditions on her registration. The case was heard in the District Court of New South Wales.

The court was required to determine whether Ms Jacobsen's departure from the standards of practice was unexplained and if the circumstances emphasised the need for general deterrence. Additionally, the court needed to decide whether a period of suspension for six months was appropriate. The court had to weigh the need for specific deterrence against the public's need to be protected by extending existing conditions on Ms Jacobsen's registration.

After considering the evidence, the court found that Ms Jacobsen's conduct constituted professional misconduct. The court determined that the public would be adequately protected by extending existing conditions on her registration for a period of 12 months from the date upon which the suspension of her registration ends. The court also found that a period of suspension for six months was appropriate. The review period for the conditions imposed by order 3 is 18 months from the date of this order. Furthermore, Ms Jacobsen is to pay the Nursing and Midwifery Board of Australia's costs as agreed by the parties or otherwise as assessed on the standard basis for matters in the District Court.