Health Alert (Australia) - 29 July 2013


In This Issue:

- Judgments

- Legislation

- Reports

- Excerpt from Judgments:


In last week's Health Alert, the case summary of Peters v Layani [2013] NSWSC 695 incorrectly reported that the hospital was the Defendant in the proceedings and had been found liable. The hospital where the operation was performed was not involved in the proceeding, which was brought only against Dr Layani and it was he that was found liable. We apologise for the error in reporting.


New South Wales. Nursing & Midwifery Tribunal -

Smith v The Nursing and Midwifery Board of Australia [2013] NSWNMT 10 -

The Appellant registered as a nurse in 1988 and a midwife in 1992. Her registrations lapsed after she stopped practising in 1999. In 2005, the Appellant was granted nursing and midwife registrations subject to conditions. In 2006, the Appellant commenced employment as a practice manager to her anaesthetist husband. Her registrations were renewed from 2006 to 2011, despite non-compliance with the conditions. In 2012, her application to renew her registrations was denied as she had not satisfied the Recency of Practice Registration Standard (the Standard) of completing 456 hours, or three months fulltime equivalent, of practice. She appealed the decision in relation to her nursing registration only.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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