Wright v Nursing and Midwifery Board of Australia

The applicant, Michael John Wright, sought a review of the decision of the respondent, the Nursing and Midwifery Board of Australia, to impose conditions on his registration as a nurse. The key issue for the tribunal was whether the Board should have reasonably believed that the applicant’s practice or professional conduct was, or may be, unsatisfactory. The tribunal found that the Board had not exercised its power pursuant to section 178 of the Health Practitioner Regulation National Law (Queensland) appropriately in this case. The Board’s reasons for its decision were flawed in a number of respects and the Board had not grappled with the difficulty of deciding what to do in the face of conflicting accounts of the applicant’s assessment of the patient. The tribunal found that it did not have a reasonable belief that the applicant’s practice or professional conduct was, or may be, unsatisfactory. The tribunal set aside the Board’s decision and substituted its own decision to take no action in relation to the matter. The tribunal did not have the power to order the Board to remove the matter from the applicant’s record or to require an apology from the Board.