Hold Self Out as a Registered Nurse When Not so Registered

The accused was in his sixties with no prior convictions. He had commenced employment at a low-level aged care facility as a handyman, but was quickly promoted to assistant Chief Executive Officer while the home was being reaccredited by the Nurses Board of Victoria (NBV). He and his wife were ultimately responsible for having the facility reaccredited. During his time in the role of assistant CEO he drew up and injected four residents with Vitamin B. He was investigated by the NBV and subsequently charged with holding himself out as a registered nurse when he was not so registered. Following a plea of guilty in the Magistrates’ Court, he was convicted and fined $3,000.

The client appealed his sentence and we represented him at the Melbourne County Court.

On appeal to the County Court, references and local newspaper articles were tendered to demonstrate the accused’s high standing in the local community and his efforts at having the aged care facility reaccredited.

The accused was placed on an adjourned undertaking, without conviction, for a period of 12 months.


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013