Howard v Nursing and Midwifery Council of New South Wales [2019] NSWCATOD 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Howard v Nursing and Midwifery Council of New South Wales [2019] NSWCATOD 176 Hearing dates: 1 November 2019 Date of orders: 21 November 2019 Decision date: 21 November 2019 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member A Bizzotto, Senior Member S Kennedy, Senior Member A Gray, General Member Decision: (1) The decision of the Nursing and Midwifery Council of New South Wales dated 3 July 2019 is set aside. (2) The Tribunal orders that all conditions on Ms Howard's registration be removed. Catchwords: PROFESSIONS AND TRADES – appeal against a decision of the Nursing and Midwifery Council – impairment – conditions attached to nursing registration – practical utility of conditions Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Nil Category: Principal judgment Parties: Patricia Howard (Appellant) Nursing and Midwifery Council of New South Wales (Respondent) Representation: Applicant (Self Represented) Nursing and Midwifery Council of New South Wales (Respondent) File Number(s): 2019/00242827 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. Ms Howard was registered as a nurse in 1987. Over a number of years she has dealt with mental health issues. These issues have included periods of treatment in and out of hospital. 2. Ms Howard is currently unemployed and has not worked as a nurse since February 2017. She receives a government income support payment. 3. Since 1997 Ms Howard has had a number of interactions with the Nursing and Midwifery Council of New South Wales (the Council) and its predecessor, the Nurses and Midwives Board (the Board) arising from her health issues. The Board first imposed conditions on Ms Howard's registration on 28 May 2009. 4. The most recent conditions on Ms Howard's registration with which we are concerned were imposed by a decision of the Council made on 3 July 2019. 5. On 24 July 2019 Ms Howard lodged an external appeal seeking review of the decision made by the Council on 3 July 2019 not to remove conditions imposed on her registration under s 152J of the Health Practitioner Regulation National Law (the National Law).