Nursing and Midwifery Board of Australia v Nurse DZ (Occupational Discipline)

The ACT Civil and Administrative Tribunal (ACAT) found that the respondent, a registered nurse, had accessed the medical records of two of her partner's children without their consent. This conduct led to disciplinary proceedings by her employer, a notification to the Nursing and Midwifery Board of Australia, and a referral to the tribunal. The Tribunal found that the respondent's conduct constituted unprofessional conduct but not professional misconduct. The Tribunal made orders reprimanding the respondent and imposing conditions on her registration, including completing a course on health records management and undertaking mentoring for twelve months. The Tribunal also made an order prohibiting the publication of information that might identify the respondent's stepchildren or the respondent, including publication of their names. The Tribunal considered that the interests of the children, who were victims of misconduct, supported non-publication of the respondent’s name to prevent further breaches of their privacy.