Health Care Complaints Commission v De Lore [2020] NSWCATOD 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v De Lore [2020] NSWCATOD 72 Hearing dates: On the papers Date of orders: 30 June 2020 Decision date: 30 June 2020 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member L Schalk, Senior Member R Middleton, Senior Member A Johnston, General Member Decision: (1) The complaints of unsatisfactory professional conduct and professional misconduct are proved. (2) Under s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW), if Ms De Lore was still registered as a nurse, the Tribunal would have cancelled her registration. (3) Under s 149C(4)(b) of the National Law, Ms De Lore is disqualified from being registered as a nurse for a period of 5 years from the date of this decision. (4) Under s 149C(4)(c) of the National Law, the Tribunal requires the Nursing and Midwifery Board to record the fact that had she been registered, the Tribunal would have cancelled Ms De Lore's registration for a period of 5 years from the date of this decision. (5) Under s 149C(5) and (5A) of the National Law, Ms De Lore is prohibited from providing a health service as defined by s 4(a),(c),(f),(g),(h) of the Health Care Complaints Act 1993 (NSW), including but not limited to, working as an Assistant in Nursing, Personal Care assistant, or disability support worker, until such time as she is permitted to register as a nurse. (6) The Registrar is requested to notify the Nursing and Midwifery Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1, 2, 3, 4 and 5 above as soon as practicable. (7) Ms De Lore is to pay the costs of the Health Care Complaints Commission, to be agreed or assessed. (8) 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 or any family member of Ms De Lore referred to in the evidence in the proceedings, is prohibited. Catchwords: PROFESSIONS AND TRADES – health care professionals – nurse – disciplinary action – personal relationship with two patients – breach of undertakings – prohibition order Legislation Cited: Health Care Complaints Commission Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 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) Rebecca De Lore (Respondent) Representation: Counsel: L Thomas (Applicant)