Nursing and Midwifery Board of Australia v Tai (Occupational Discipline)

The Nursing and Midwifery Board of Australia brought proceedings against the respondent, a registered nurse, alleging unsatisfactory professional performance in relation to two incidents. The case was heard by the Health, Professional and Disability Services Tribunal. The Board alleged that the respondent failed to comply with an unwritten organisational policy, and failed to communicate to the healthcare team information necessary for optimal nursing care. The respondent was required to show that the alleged policy existed and what its terms were, but the Board provided no such evidence. The Board also alleged that the activity in question was outside the respondent's scope of practice, but the context was relevant to determining the scope of practice.

The Tribunal found that the respondent had not failed to comply with an unwritten organisational policy, as the Board had not provided any evidence as to its existence or terms. However, the Tribunal found that the respondent's failure to communicate to the healthcare team information necessary for optimal nursing care was a breach of the National Competency Standards for the Registered Nurse. The Tribunal also found that the activity in question was outside the respondent's scope of practice, but the context was relevant to determining the scope of practice. The Tribunal found that the respondent's actions constituted unsatisfactory professional performance.

The Tribunal ordered that the respondent be cautioned. The parties were required to advise the Tribunal by a specified date if they wished to be heard in relation to costs.