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The Nurses and Midwives Tribunal

The Nurses and Midwives Tribunal is a statutory authority established by the Nurses and Midwives Act 1991

The Governor appoints the Chairperson and one or more Deputy Chairpersons. Section 60 of the Nurses and Midwives Act 1991 provides that a person may be eligible for appointment as a Chairperson or Deputy Chairperson if the person is a judge of the District Court or is a legal practitioner of at least seven years' standing.  Section 3 of the Act defines that, for the purposes of the Act, the word "Chairperson" spelled with a capital "C" means the Chairperson of the Nurses and Midwives Tribunal. The word "chairperson" spelled with a small "c" is used to describe chairpersons of various committees etc.

Chairperson Nick O'Neill
Deputy Chairpersons Tom Kelly
Joanne Muller
Loretta Re
Kim Ross
Cedric Vass

For each matter to be considered by the Tribunal, the Board appoints three other persons to sit with the Chairperson or Deputy Chairperson. These are two nurses or midwives and one lay person (that is, a person who is not a nurse or midwife).

The Nurses and Midwives Tribunal considers
in accord with section 32, appeals against decisions of the Nurses and Midwives Board in regard to applications for registration, enrolment or authorisation;
in accord with sections 45 and 46, complaints which may constitute professional misconduct (that is, may lead to removal from one of the Registers or Roll) and which are referred to it by the Nurses and Midwives Board or the Health Care Complaints Committee;
in accord with section 49, appeals against suspension or conditions imposed by the Board under section 48 (imposed to protect the life or physical or mental health of any person);
in accord with section 54, complaints which are referred by a Professional Standards Committee because the Committee has formed the opinion that the complaint may constitute professional misconduct (that is, may lead to removal from one of the Registers or Roll);
in accord with section 57, appeals against decisions of Professional Standards Committees;
in accord with section 58, appeals with respect to points of law on matters before Professional Standards Committees;
in accord with section 68, appeals or applications for review of suspension or cancellation of registration or enrolment

The Chairperson also is required to approve extensions to suspensions imposed by the Nurses and Midwives Board under section 48 (imposed to protect the life or physical or mental health of any person);

Unless otherwise directed by the Tribunal, proceedings are open to the public.  Schedule 2 to the Nurses and Midwives Act provides guidance in regard to proceedings before the Tribunal.

At an inquiry conducted or appeal heard by the Tribunal the nurse or midwife concerned and the complainant may be represented by a barrister or solicitor or another adviser.

The Tribunal is able to make the same determinations that a Professional Standards Committee can impose. In addition, the Tribunal may either (i) suspend the person from practising for such period as it specifies, or (ii)  direct that the person’s name be removed from the Register of Nurses or the Register of Midwives, or both, or from the Roll. If a person is suspended for a period, the person’s rights and privileges as a nurse or midwife are revived on the expiry of the period of suspension. If directing that a person's name be removed from a Register or the Roll, the Tribunal may fix a time that is the elapse before the person may apply to the Tribunal, under section 68, to be registered or enrolled again. The Tribunal may award costs, but only if it is satisfied that there are special circumstances warranting an award of costs.

An appeal may be made to the Supreme Court against  a decision of the Tribunal regarding a point of law or a determination of the Tribunal but only if the matter was a complaint is referred to the Tribunal under section 45, 46 or 54.

Tribunal Decisions
Recent decisions of the Nurses and Midwives Tribunal are now available on the Australasian Legal Information Institute website and further decisions will be added progressively at  www.austlii.edu.au/au/cases/nsw/NSWNMT

You may search the database of Tribunal decisions for a key term or search for the name of a case or date on which a decision was handed down.  For example if you search the database for the term "childbirth" you will get a list of cases in which this word appears in the reasons for decision document.

Some decisions of the Tribunal are subject to appeal in the Supreme Court of New South Wales

Links to:
Section 59   The Nurses and Midwives Tribunal
Section 60   Chairperson and Deputy Chairpersons of the Tribunal
Section 61   Proceedings before the Tribunal
Section 62   Representation before the Tribunal
Section 63   Chairperson or Deputy Chairperson not to review own decisions
Section 64   Determinations of the Tribunal
Section 65   Suspension orders
Section 66   Decisions of the Tribunal
Section 67   Appeals against decisions of the Tribunal
Section 68   Review of suspension or cancellation of registration or enrolment by the Tribunal
Schedule 2  Proceedings before a Committee and the Tribunal

     
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