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Dr. Michael John Kidd |
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Lawyer & Pastor |
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Legal: Hccc v De laile [2010] nswnmt 16 |
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To contact us: |
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Phone: +64-9-8331805 |
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By Dr Michael Kidd Jillian Delaile Nimbin NSW area—midwife case 30 May 2010 The Tribunal decision finding Jillian guilty of professional misconduct and removing her name from the roll of midwives, came out two months after the hearing. She can reapply after one year, but keeps her NSW Nurse’s registration. There was an inevitable quality: it does not seem to be grounded in reality as to what actually happens between people, plus: it’s so easy to judge somebody after the event. Overall it’s a good decision from Jillian’s point of view, which allows space for reapplication and self improvement. I disagree with certain aspects, but it was obvious my written submissions played a big part in this favourable decision. The selective application of the leading case of Pillai v Messiter which emphases the need to look at the surrounding circumstances was galling but alas, we no longer have Justice Kirby who was on the NSW Court of Appeal. Her good character played a part, and the fact that these two cases were the only two, in her long career of over 800 live births. I am concerned with the overall implications that certain people might see this as a repudiation of home birthing, as that was my prime reason for defending Jillian pro bono. I don’t see it in that light, but the need for closure as two babies, tragically, from a combination of factors, died. Hopefully we can all learn from that. I would like to see the AUZ Federal Government really support home birthing with practical measures, rather simply more regulation and costs. |
