The Tribunal found the respondent midwife guilty of professional misconduct under s 5(a) and (b) of the National Law and ordered a reprimand, a 12-month disqualification from applying for re-registration, a 12-month prohibition on providing any health service, and costs of $10,750. The Tribunal imposed a sanction exceeding the Board's submission of six months, finding the respondent's failure to comply with alcohol breath testing and supervision conditions over 28 shifts, her misleading disclosure to her employer about the nature of her conditions, and her disregard of Ahpra's direction to cease practice demonstrated a blatant disregard for regulatory authority. The absence of evidence of remorse, insight, or rehabilitation — compounded by the respondent's refusal to participate in proceedings — was treated as an aggravating factor warranting a longer disqualification period, consistent with the approach in Crivici. The decision confirms that even short-duration non-compliance with registration conditions is treated as serious professional misconduct warranting substantive sanction.
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