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13 Aug 2024
A Gold Coast woman, who worked without registration at a Gold Coast Hospital for two years after her registration lapsed, has been fined $5,000 and ordered to pay $1,750 in legal costs.
The Australian Health Practitioner Regulation Agency (Ahpra) prosecuted the woman for holding herself out as an enrolled nurse when she was not registered, in contravention of section 116 of the Health Practitioner Regulation National Law 2009 (National Law).
The woman had previously been registered as an enrolled nurse, but she failed to renew her registration in 2021. She became unregistered from 2 June 2021 but continued to work. Her lack of registration was discovered by her employer on 8 June 2023 when a routine audit identified her as unregistered and she was stood down with immediate effect.
She had practised as a nurse without registration for 2 years and 7 days, despite receiving multiple reminders to renew before her registration lapsed, and after further contact from Ahpra about her registration in October 2021.
There is no suggestion the practitioner caused any harm to any patient during the time in which she was not registered.
On 12 August 2024 the woman pleaded guilty to one count of holding herself out as a registered health practitioner
Magistrate Bamford of the Southport Magistrates Court noted that ‘the community are entitled to expect people treating them are registered’ and after taking into account the defendant’s personal circumstances imposed a fine of $5,000 but did not record a conviction. The woman was also ordered to pay Ahpra legal costs in the amount of $1,750.
Ahpra CEO, Mr Martin Fletcher, said registration ensures that all practitioners are suitably trained, qualified and safe to practise.
‘Today’s court ruling is an important reminder to practitioners to stay up to date with their registration,’ he said.
‘Registration provides assurance to the public and patients that practitioners have met specific requirements and standards to assure they practise in a safe and competent manner.’
Nursing and Midwifery Board of Australia Chair, Adjunct Professor Veronica Casey AM, welcomed the outcome.
‘Nursing is a trusted profession and holding yourself out as an enrolled nurse when you are not registered damages its reputation and undermines the tireless work all nurses do to care for the community,’ she said.
Anyone with concerns about whether an individual is registered can check the online Register of practitioners maintained by Ahpra or call 1300 419 495.