John Hunter Hospital nurse who illegally accessed 34 people's medical records to be reinstated after completion of ethics course

Cody Payne was working in the intensive care unit between January and August 2019, when she accessed her own health records and the records of 34 other people without authorisation.

The NSW Civil and Administrative Tribunal (NCAT) heard that of the 34 people, six were related to or associated with Payne's then partner, who is now her husband.

Hunter New England Health investigated and found that Payne accessed the health records.

She was sacked and the health authority notified NSW Police and the Independent Commission Against Corruption.

In December 2019, Payne was charged by police with 11 offences of unauthorised access and pleaded guilty in Local Court three months later.

She appealed against the decision to the NSW District Court and was granted a "section 10" - where a person is found guilty but no conviction is recorded under section 10 of the Crimes (Sentencing Procedure) Act 1999.

In its initial ruling in September last year, NCAT found that Payne was "young and inexperienced" and her judgement was clouded at the time by an acrimonious dispute.

"Nonetheless, in large part because of the absence of any plausible explanation for Ms Payne's actions in accessing the health records of non-family members, we are left with a sense of unease about whether the offending conduct might be repeated," the tribunal's decision reads.

She was found guilty of unsatisfactory professional conduct and professional misconduct and her registration was cancelled with a non-review period of six months.

After an application in October by Payne to be reinstated, where she represented herself, the tribunal ruled on Tuesday that she could start working again as a nurse after she completes an undergraduate unit in law and ethics at a university of her choice at her own expense.

NCAT found "factors both for and against her reinstatement to be finely balanced".

"The applicant did provide some explanation of her conduct in accessing the records of non-family members saying she did so because of idle curiosity including accessing records on night shifts," the tribunal found.

"We accept that the cancellation of the applicant's registration has caused her embarrassment and financial hardship ... We had no cause to doubt the applicant's evidence about her clinical skills, nor her acknowledgement of the stressful conditions many of her nursing colleagues are presently experiencing, and her desire to resume practice."

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