Nursing and Midwifery Council v Sekete

An unperfected order announced earlier the same day may be set aside and replaced by a different order within that working day. The court may extend an interim suspension order where the disciplinary proceedings cannot be concluded before the existing order expires, particularly where responsibility for the delay substantially lies with the registrant.

The Nursing and Midwifery Council sought an extension of an interim suspension order concerning a registrant facing misconduct proceedings. The disciplinary hearing had been adjourned on several occasions and was listed to continue in January 2013, after the existing suspension order was due to expire.

The application was initially dismissed when the Council’s advocate failed to attend. Later the same day, before that order had been drawn up or sealed, counsel appeared and explained the absence. The issues were whether the earlier order could be set aside and whether the interim suspension should be extended.

1. Earlier order. The court had power to set aside its earlier order dismissing the application because it remained unperfected. It had been announced orally and recorded in handwriting, but had not been drawn up or sealed. The court could therefore substitute a different order within the same working day.
2. Extension. The misconduct hearing remained part heard and had been adjourned to 10 and 11 January 2013. The existing interim suspension order was due to expire in December 2012, before the disciplinary process could be completed. Much of the responsibility for the delay lay with the registrant, although the court expressly avoided attributing fault or blame.
3. The application was accordingly granted and the interim suspension order was extended until 11 March 2013. The Council was directed to amend and lodge the draft order for sealing.

This was a first-instance application in the Administrative Court. The judgment records that an earlier order dismissing the application had been announced the same day, but had not been drawn up or sealed and was set aside by the court.