Chan v The Nurses Board of Western Australia

[2007] WASCA 123

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Tribunals
3. › State Administrative Tribunal (WA)
4. › Appeal from decision
5. › Leave to appeal
6. › Extension of time
7. › Whether grounds of appeal have sufficient merit
8. › State Administrative Tribunal Act 2004 (WA), s 105
1. Health Law
2. › Nurses
3. › Registration
4. › Refusal to renew registration
5. › Conviction for offence rendering person unfit to practise
6. › Construction of s 22(2)(a) of the Nurses Act 1992 (WA)
7. › Whether nature of offence of dishonesty renders applicant unfit to practise as nurse
8. › Whether temporal element implicit in assessment
9. › Whether rehabilitation relevant
1. Professions and Trades
2. › Registration and licensing
3. › Fitness to practise
4. › Conviction for criminal offence
5. › Whether 'fit and proper' person authorities applicable to differently worded statutory criterion
6. › Relationship between 'fit and proper' requirement and 'convicted of an offence the nature of which renders the person unfit to practise'
7. › Nurses Act 1992 (WA), s 22(2)(a)

Quick Take

Section 22(2)(a) of the Nurses Act 1992 (WA) requires evaluation of whether, having regard to all matters relevant to the applicant's personal qualities including character and integrity, the elements of the offence and the circumstances of its commission make the person unfit to practise, assessed at the time of the registration decision and in the context of the nature of nursing work. The assessment has an implicit temporal dimension, so rehabilitation over time may be relevant. Authorities on the 'fit and proper person' test in other professional legislation may inform but do not replace the specific statutory criterion.