Health Care Complaints Commission v Corderoy [2020] NSWCATOD 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Corderoy [2020] NSWCATOD 68 Hearing dates: 16 March 2020 Date of orders: 26 June 2020 Decision date: 26 June 2020 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member S Smiltnieks, Senior Member A Walsh, Senior Member A Johnston, General Member Decision: (1) The complaints of unsatisfactory professional conduct and professional misconduct are proved. (2) Having found the complaints proved Ms Corderoy's registration as a nurse is cancelled. (3) Under s 149C(7) of the Health Practitioner Regulation National Law (NSW) Ms Corderoy is not to make any application for review of the cancellation of her registration for a period of 5 years from the date of the Tribunal's decision. (4) The Registrar is requested to notify the Nursing and Midwifery Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1, 2 and 3 above as soon as practicable. (5) Ms Corderoy is to pay the costs of the Health Care Complaints Commission, to be agreed or assessed. (6) Under s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure to any person or entity of the names, addresses or any other identifying information of any patients referred to in the evidence in the proceedings, is prohibited. Catchwords: TRADES AND PROFESSIONS – nursing – inappropriate removal a schedule 4 drug – breach of conditions Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 HCCC v Chowdhury [2015] NSWCATOD 65 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Saeid Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Northern Territory v Sangare [2019] HCA 25 R v Byrnes & Hopwood [1995] HCA 1 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Rachel Corderoy (Respondent) Representation: Counsel: L Barnes (Applicant)