![]() | Isabelle FABER - University of Technology Sydney |
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03.09.2024-27.09.2024
Midwives involved in disciplinary proceedings, which have resulted in protective orders imposing conditions on the midwife’s registration. An analysis of published decisions spanning from 2010 to 2022.
The aim of this research is, to undertake an analysis of disciplinary decisions involving a midwife because to date, in Australia, there has not been an analysis of these decisions which looks in particular at those decisions where conditions are imposed on the midwife’s registration.
This analysis aims to better understand the impact of such conditions on the protection of the public, on the exercise of the midwife’s profession, and ultimately to mitigate the risk of disciplinary proceedings for the midwife.
Furthermore, the objectives of the analysis of decisions imposing conditions[1] intend to show why and on which grounds the tribunal or committee reaches a decision and to identify the appropriate compliance and monitoring mechanisms to ensure that such protective orders can be effectively implemented.[2] The research may find out through the case analysis why and whether some decisions involving protective orders may be more effective than others, as some of the scant literature on this important topic referred to below appears to indicate. Another aim of the case analysis is to identify the specific conditions imposed and to find out how realistic these conditions are.
This research will be valuable and complete a gap in the literature because in Australia most articles and or cases involving disciplinary proceedings are about medical professionals or nurses, but this type of analysis has not been attempted about midwives. It is also relevant because the protection of the public is an ultimate aim in health care and of the National Law, though ironically the National Law does not define explicitly what the protection of the public is.[3]
This project demonstrates how conditions placed upon a midwife found guilty of professional misconduct or unprofessional conduct, can have an impact on a midwife’s practice and the protection of the public, notably when the order imposes conditions on the midwife’s registration.
The project will hopefully contribute to a better understanding of the appropriate compliance and monitoring mechanisms and a better understanding of contributing factors that help to mitigate the risk of disciplinary proceedings for the midwife.
[1] Nursing and Midwifery Council New South Wales (n 4).
[2] Ibid.
[3] Health Practitioner Regulation National Law (ACT) (n 12).