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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 |
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Joanne Muller |
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Loretta Re |
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Kim Ross |
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Cedric Vass |
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| 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).
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The Nurses and Midwives Tribunal considers |
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in accord with section 32, appeals against decisions of the Nurses and Midwives Board in regard to applications for registration, enrolment or authorisation; |
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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; |
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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); |
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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); |
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in accord with section 57, appeals against decisions of Professional Standards Committees; |
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in accord with section 58, appeals with respect to points of law on matters before Professional Standards Committees; |
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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. |