Section 17: Disciplinary measures

17. Disciplinary measures (1) The Tribunal shall, after having enquired into the matter, forward its report to the Council as soon as practicable and at any rate not later than one month from the termination of the proceedings. (2) The report of the Tribunal shall include— (a) a statement as to whether the charge has been proved and a brief statement of the reasons for those findings; (b) details of any matters which, in the Tribunal’s opinion, aggravate the charge or alleviate the gravity of the charge; and (c) the record of the proceedings of the Tribunal. (3) The Tribunal shall not make any recommendation regarding the form of punishment. (4) Subject to subsections (8) and (9), where the Council receives a report from the Tribunal under subsection (1) stating that the charge has been proved, it may— (a) administer a warning or a severe warning to the registered person; (b) administer a reprimand or a severe reprimand to the registered person; (c) suspend the registered person from the practice of nursing or midwifery for a period not exceeding 12 months; or (d) remove the name of the registered person from the register. (5) The decision of the Council under subsection (4) shall be communicated to the registered person as soon as reasonably practicable and at any rate not later than 15 days from the date the Tribunal arrives to the decision. (6) A registered person aggrieved by the decision of the Council may appeal to the Supreme Court by way of judicial review. N39 – 9 [Issue 1] Nursing Council Act (7) Where— (a) a registered person has been suspended under subsection (4) or section 14 (2); or (b) the name of a registered person has been removed from the register under section 17 (4) (d), such suspension or removal shall not be stayed pending the determination of any related appeal. (8) Where the registered person is a public officer, the Council shall refer the report of the Tribunal to the Public Service Commission, with such recommendations as it may deem necessary, for the Public Service Commission to take such appropriate action as it may deem necessary. (9) Where the Public Service Commission has dismissed the registered officer from the public service as a result of action taken under subsection (8), the Council may, after having given him an opportunity to show cause in writing why disciplinary measures specified in subsection (4) should not be taken against him, take against him any measure specified in that subsection.