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Nurses and midwives

Disciplinary proceedings

QCAT conducts disciplinary proceedings against nurses, midwives or other persons authorised to practice nursing (nurses and midwives) after the complaint has been investigated and referred by the Queensland Nursing Council (council). Only council can apply to commence disciplinary proceedings against nurses and midwives in QCAT. QCAT also enforces the council’s decisions.
 
If QCAT finds that grounds for discipline are established the tribunal may:

  • order that no action be taken against a nurse or midwife
  • issue a caution or reprimand to a nurse or midwife
  • impose conditions (including limited registration or enrolment) under which a nurse or midwife may continue to practise
  • suspend a nurse's or midwife's registration or enrolment
  • suspend a nurse's or midwife's authorisation to practise nursing or midwifery
  • cancel a nurse's or midwife's registration, enrolment or the authorisation to practise nursing or midwifery and set conditions under which the nurse or midwife may re-apply for registration, enrolment or to be authorised
  • require a nurse or midwife to pay a fine.

Review of council’s decision

QCAT is able to review decisions made by council including decisions:

  • refusing a person’s application to be registered as a registered nurse, enrolled as an enrolled nurse, to be authorised as a midwife or to be otherwise authorised to practise nursing
  • granting limited registration or enrolment
  • on a review by council of limited registration or enrolment
  • imposing conditions on accreditation by council of a nursing course
  • cancelling or suspending a nurse's or midwife's registration or enrolment
  • determining the payment of costs
  • refusing to renew a nurse's or midwife's annual licence certificate
  • refusing to accredit a nursing course
  • refusing to vary an accredited nursing course
  • refusing to renew the accreditation of an accredited nursing course
  • cancelling the accreditation of an accredited nursing course.

QCAT can also review any other decision made by council or the executive officer.

Apply for a review of council’s decision.

Any description of QCAT's jurisdiction on this website is general information only and is not intended to precisely define the types of applications that QCAT has the power to decide. QCAT's jurisdiction is determined by the relevant legislation. If you are unsure about your legal rights you should seek legal advice. Any actions taken to resolve your dispute should be determined by your individual circumstances.

If you are seeking a review of an authority's decision, generally you must apply within 28 days of the decision being made. There are exceptions to this rule - check your information notice about the specific time limit in your case.

Last reviewed
9 November 2011
Last updated
27 March 2012

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