Brenda Solis: Worked as unregistered nurse at Northern Beaches Hospital

A nurse who was sprung faking her registration — not once, but twice – has made a bid for her sentence to be lessened on appeal.

On 168 occasions, Brenda Solis put on her scrubs and walked through the doors of a hospital to complete a shift as a nurse.

However the 37-year-old mum, who worked at two hospitals, wasn’t registered with the Australian Health Practitioner Regulation Agency (AHPRA) - a condition of her employment - after she had failed to meet the English language requirements.

Solis appeared in Downing Centre Distrct Court to appeal her sentence after she was convicted of working as an unregistered nurse in two hospitals.

The court heard her first job was terminated when her employer discovered she was not a registered nurse, however she continued to work unregistered at the Northern Beaches Hospital.

The 37-year-old pleaded guilty to two counts of not registered health practitioner claim to be registered and three counts of take etc name etc when not registered health practitioner.

Brenda Solis leaving Downing District Court. Picture: Odessa Blain.

The maximum penalty for these offences is two years time imprisonment and an $11,000 fine, the court heard.

AHPRA prosecutor Mr Randell said Solis’ conviction was serious because she performed her duties as an unregistered nurse.

“Her registration with AHPRA was a condition of employment and for no part of that period was (Solis) a registered nurse,” he said.

“This conduct is not just a technical breach, it’s a serious breach.”

The court heard Solis worked 168 shifts while she was unregistered and the vast majority of those shifts occurred at the Northern Beaches Hospital — after she was fired from her first hospital.

But Solis’ defence lawyer, Mr Saddat, said this was not a case where his client had no skills or qualifications to work as a nurse — she only failed to meet the English language requirements for registration.

Brenda Solis had her sentence reduced on appeal. Picture: Odessa Blain.

“This is not a case where the appellant has forged her qualifications or attempted to fudge her qualifications,” Mr Saddat said.

The court also heard Solis is not likely to reoffend and was currently pregnant with her third child.

Judge Christopher O’Brien agreed with the defence’s argument that a prison sentence was not necessary.

“These are serious matters … (because) she completed forms on a number of occasions where she identified herself as a registered nurse,” he said.

“But this is not a case where a person without any skills at all masqueraded as a nurse and treated patients in various facilities.”

Judge O’Brien told the court Solis obtained various academic qualifications including a Bachelor of Nursing, which she received in 2019.

Solis was fined and sentenced in Downing Centre Local Court to a seven month intensive corrections order.

On appeal, Judge O’Brien reduced the sentence to a three-year community corrections order, a $3300 fine and she was ordered to pay $6529.60 in legal costs.