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Cancellation of Registration or Enrolment
For Reasons Other Than Non-Payment of Fee
Amendment to the Nurses and Midwives Act 1991 in 2004 inserted section 2A which states the objects of the legislation. The effect of the changes is that the Board must exercise its functions consistent with protection of the health and safety of the public. While the Board had previously functioned on this basis, it became an explicit requirement in legislation. Further amendments to the Act in 2004 provided that the Board is no longer required to restore a person's name to the Register or Roll and instead may scrutinise the application in the same way that it would deal with an application from a person who had never previously been registered or enrolled.
The Board may permit registration or enrolment with certain conditions, if it is considered that these conditions would be adequate to protect the public. In some instances, the Board may refer the application to an inquiry which is conducted in accord with Schedule 1B to the Act.
If registration or enrolment is currently cancelled or suspended for disciplinary or similar reasons elsewhere in Australia or New Zealand, then the Board may impose the same cancellation or suspension in New South Wales under the provisions of section 33 of the Mutual Recognition Act 1992 (Commonwealth) or section 32 of Trans Tasman Mutual Recognition Act 1997 (Commonwealth). Anyone so affected should satisfy requirements to be registered or enrolled again in the other jurisdiction prior to applying in New South Wales.
A schedule 1B inquiry is similar to an inquiry by the Nurses and Midwives Tribunal except that the Tribunal usually determines if a person who is already registered or enrolled should be permitted to stay on a Register or the Roll, while a Schedule 1B inquiry makes decisions about persons who are not yet registered or enrolled. Inquiries are formal, with evidence being taken under oath and with the Director-General of the NSW Health Department and the Health Care Complaints Commission able to make submissions if they choose.
Applicants may be required to satisfy all requirements for registration including evidence of identity, good character, education, good professional standing in other jurisdictions where previously registered or practised, as well as evidence of knowledge and skill for current practice, mental capacity, physical capacity and knowledge of English langauge.
If required to provide evidence of knowledge and skills required for current practice, the applicable standards are those which have been identified by the Nurses and Midwives Board as requirements in courses which are approved by the Board and applicable competency standards. These can be located under the "Education" option on the menu of this website. |
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I wish to pursue my application
It should be anticipated that an inquiry may be held, as provided by Schedule 1B of the Nurses and Midwives Act to determine your application. If so, this may take some months. You will have the opportunity to provide any evidence that would support your application including the adequacy of your character, education, knowledge and skill,mental capacity, physical capacity, knowledge of English language etc, as well as specific aspects relating to the incident/complaints/concerns that contributed to previous cancellation. The onus will be on you, as applicant, to show that you can satisfy all the requirements. If you cannot satisfy the inquiry, then your application will be refused. Fees are not refunded if applications are withdrawn or refused.
If your application is the subject of a Schedule 1B inquiry, the outcome of the inquiry may be disseminated by the Board to any person or organisation that the Board thinks appropriate e.g. registration boards in other states or countries, immigration or other government departments, employing organisations etc. If an application is refused, you would need to declare this refusal if you subsequently lodge an application with any other registration authority.
There is an application for restoration form which may be submitted. The required fee must be paid and current address provided. |
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Case Study
Where persons are aggrieved by the Board's decision in regard to their applications, they may appeal to the Nurses and Midwives Tribunal. The following cases are persons whose applications were refused, following an inquiry, and who lodged appeals with the Nurses and Midwives Tribunal. Applicants who are considering lodging appeals are advised to refer to Appeals against decisions of the Board.
Section 34 of the Nurses and Midwives Act provides for the cancellation of registration or enrolment if a nurse or midwife becomes a "mentally incapacitated person".
Ms N's registration was cancelled under provisions of section 34 after she became an involuntary patient in a psychiatric facility. She subsequently applied to be registered again and the application was referred to a schedule 1B inquiry. The inquiry refused registration at the time but suggested certain avenues she might pursue with a view to a further application in approximately six months time.
Ms N lodged an appeal with the Nurses and Midwives Tribunal. The Tribunal made a different decision, replacing the decision that had been made by the Board's inquiry under schedule 1B. The reasons for the Tribunal's decision may be accessed at Nesbit v Nurses and Midwives Board [2009] NSWNMT 10 (19 March 2009). Decisions of schedule 1B inquiries are not usually made public. However, in this instance, the Tribunal has appended the inquiry's decision to its own decision which can be accessed at the above link. |
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