workforce tweeting her Facebook postings to the minister of health and to the leader of the opposition . In response , CS stated that she wanted them to know about her concerns and that people were often afraid to speak out about their experiences . Tellingly , once she tweeted her Facebook posting , it entered the public domain of social media and beyond her ‘ control ’.
The second aggravating issue was that CS at no stage brought her concerns to the attention , either formally or informally , of the executive director or any other staff at the facility . CS`s position was further worsened by the fact that under cross-examination , she admitted no particular expertise in palliative care or end-of-life care .
There was no finding of naivety or lack of knowledge in using social media . Based on CS`s evidence , it was clear to the tribunal that she was a frequent and sophisticated user of social media . She enjoyed sharing articles , making comments and inviting discussion , frequently about healthcare issues . In other words , she used social media to stimulate debate and discussions concerning health-related matters .
A significant submission made by CS was to assert that the posts were undertaken in her own home ( away from the workplace ) and in her own time . Hence CS`s argument was that the nursing tribunal did not have jurisdiction to determine the matters . Her submission was that her conduct did not have to comply with and was beyond the ‘ reach ’ of the relevant codes of conduct and ethics for nursing , as it occurred at home , not in the work place , and hence outside of a ‘ nursing practice ’ environment .
The tribunal ( rightly based on precedent ) rejected this submission , and in so doing highlighted the porous boundaries of conduct categorised as work , professional and private . While many of the provisions of the Code and Standards refer to ‘ nursing practice ’ or ‘ nursing care ’, many provisions do not . The tribunal stated that the Codes and Standards should be interpreted broadly in order to meet their intent and purpose , which is to protect the public and promote the public standing of the profession of registered nursing .
This lead to a discussion about the principles of responsibility for offduty conduct and the application of those principles to this case . Relying on precedent cases , the tribunal found that various regulated professionals are investigated and , depending on the facts of the case , disciplined for ‘ off-duty ’ conduct , and in so doing cited one judgement :
“ It is well settled , I think , that a professional [ person ] may expose [ themselves ] to disciplinary proceedings for conduct entirely outside [ the ] actual practice of [ their ] profession , if the conduct reflects on [ them ] in a professional way .”
This case demonstrates that postings on social media made by nurses need to be very carefully and thoughtfully undertaken , as their professional responsibilities are not just confined to physical work hours or their physical workplace . Remember , think twice before you post once ! ■
Scott Trueman is a lecturer in the School of Nursing , Midwifery and Nutrition at James Cook University .
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