Nursing and Midwifery Council v Keseke

An interim conditions of practice order may be extended where the underlying disciplinary proceedings are progressing towards conclusion and scheduled hearings provide a proper basis for continuing the order. The court must be satisfied that the requested period of extension is appropriate in the circumstances.

The Nursing and Midwifery Council applied to extend an interim conditions of practice order imposed on the respondent during disciplinary proceedings. The order had been in force since October 2010 and had previously been varied, including a period of interim suspension. The disciplinary process was approaching conclusion, with two further hearings listed. The respondent did not attend or participate in the application.

1. The court was required to determine whether the existing interim conditions of practice order should be extended while the disciplinary process continued.
2. The order had originally been imposed as an interim conditions of practice order, although the respondent had subsequently been subject to interim suspension for a period. That correction did not affect the application.
3. The disciplinary process was moving towards fruition, with further hearings scheduled for 5 and 19 November 2012. Those circumstances provided a sufficient basis for continuing the interim order.
4. The court was satisfied that the requested extension was appropriate. The interim conditions of practice order was extended for three months, until 4.00 pm on 11 January 2013.

The judgment records earlier interim orders and reviews in the disciplinary proceedings. No appeal or lower-court decision is stated.