Update: Tribunal Imposes Suspension and Reprimand
Following its 2022 findings of unsatisfactory professional conduct and professional misconduct against Registered Nurse Rhondda Stratten, the NSW Civil and Administrative Tribunal delivered its Stage 2 decision on 14 March 2023 in Health Care Complaints Commission v Stratten (No 2) [2023] NSWCATOD 27.
The Tribunal:
- Reprimanded Ms Stratten under s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW).
- Suspended her nursing registration for three months under s 149C(1)(b).
- Ordered her to pay the Health Care Complaints Commission’s costs of the proceedings.
The Health Care Complaints Commission had sought cancellation of Ms Stratten’s registration with a non-review period of one to two years, arguing that her repeated failures in patient care demonstrated clinical incompetence. However, the Tribunal determined that such an outcome would be more punitive than protective.
While the Tribunal described Ms Stratten’s conduct as “extremely serious” and a “sequence of failures” in basic nursing care, it accepted evidence of significant insight, remorse and remediation over the five years since the incident. Ms Stratten had undertaken ongoing education, successfully completed supervision conditions, and was regarded by her current employer as a competent and reliable nurse.
Importantly, the Tribunal emphasised that its role was not to punish, but to protect the public and maintain professional standards. It concluded that a reprimand and short suspension were sufficient to denounce the misconduct, deter similar conduct by others, and uphold public confidence in the profession.
The decision reinforces that failures in even basic aspects of patient care — such as implementing treatment plans, completing required observations, and providing proper handovers — can have devastating consequences. It also highlights the heightened duty of care owed to people in custody, whose access to healthcare is entirely dependent on the competence and vigilance of those entrusted with their care.
Part of our job is to act for and advise NSW inmates in relation to medical negligence claims against the Justice Health and Forensic Mental Health Network (‘Justice Health’). Justice Health (a NSW government department) is responsible for providing health care to prisoners in NSW Correctional Centres (prisons).
We read the following NCAT decision with interest, noting that Ms Stratten (the respondent) was employed by Justice Health at the material times:
Health Care Complaints Commission v Stratten [2022] NSWCATOD 126.
According to its media release:
“The Health Care Complaints Commission prosecuted a complaint against Registered Nurse Rhondda Lee Stratten before the NSW Civil and Administrative Tribunal (‘the Tribunal’).
The complaint alleged several failures relating to Ms Stratten’s treatment of a man who was found deceased in his cell at Parklea Correctional Centre on the morning of 7 December 2017.
It was alleged that on 6 December 2017, while working at Parklea Correctional Centre, Ms Stratten failed to
- Implement the treatment plan ordered by the treating medical officer for the patient.
- Ensure that the afternoon shift nurse unit manager and nursing staff were provided with a clinical handover of the patient as a patient of concern.
- Ensure that clinical information regarding the patient’s clinical management details were recorded in the written handover or patient notes.
- Ensure that Clinic medication was prepared by the same practitioner who was responsible for administering the medication.
In its decision of 25 October 2022, the Tribunal found the allegations proven and found Ms Stratten guilty of unsatisfactory professional conduct and professional misconduct.
The Tribunal will determine protective orders following a further (Stage 2) hearing.”
We look forward to learning of the protective orders following the further hearing of the matter.
The denial of competent, basic health care is not part of a prisoner’s custodial sentence and should be protected as a basic human right.