SCULLY v HCCC [2013] NSWNMT 7 (20 June 2013)

Nursing and Midwifery Tribunal of New South Wales 20 June 2013

Tribunal: The Hon Jennifer Boland AM, (Chairperson), Ms S L Smiltnieks (Nurse Member), Mr P Newman (Nurse Member), Ms L Wrightson (Lay Member)

What the Tribunal decided
1. On 20 June 2013 the Tribunal granted an application made by Ms Amelia Anne Scully for a re-instatement order under s 163B of the Health Practitioner Regulation National Law (NSW) No. 86a (“the National Law”) subject to conditions.
2. The Tribunal also made a non publication order under clause 7 of Schedule 5D to the National Law prohibiting the publication of names of a patient and his immediate family members, as well as that of the applicant’s witnesses, save for the purposes of the reasons for decision provided to the parties to these proceedings.
3. The Tribunal ordered that each party pay their own costs of and incidental to the proceedings.
The background leading to the application and the hearing of the re-instatement application
4. On 4 November 2011 a differently constituted Tribunal found complaints instituted by the Health Care Complaints Commission (“HCCC”) against Ms Amelia Anne Scully (“the applicant”) of professional misconduct and unsatisfactory professional conduct proved. That Tribunal ordered that the applicant’s registration on the register of health practitioners kept by the Nursing and Midwifery Board of Australia (“the Board”) in association with Australian Health Practitioner Registration Agency (“AHPRA”) be cancelled. The Tribunal also ordered that a period of at least one year elapse before the applicant could apply under s163A of the National Law to review the cancellation of her registration…
5. The complaints proved against the applicant are:
– that her conduct demonstrated the knowledge, skill or judgment she possessed, or the care she exercised, in the practice of nursing fell significantly below the standard reasonably expected of a nurse of an equivalent level of training or experience; and
– that she had been guilty of improper or unethical conduct in the practice of nursing
6. The particulars in the complaint before the earlier Tribunal assert, in broad terms, that the applicant engaged in an inappropriate personal and sexual relationship with a patient, Mr BT, (“Patient A”), and continued to engage in such relationship after she became aware that Patient A was subject to a Community Treatment Order (“CTO”) under the provisions of the Mental Health Act 2007 (NSW) (“the Mental Health Act”). The Tribunal also found she failed to report the relationship to her employer, and engaged in smoking marijuana with Patient A.
7. On 19 November 2012 the applicant wrote, by email, to the Nursing and Midwifery Council advising that she wished to “re-apply for nursing re-enrolment”. Without objection from the HCCC, the Tribunal accepted this correspondence as an application under s 163A of the National Law…”

Find case here.