Health Care Complaints Commission v Laws [2020] NSWCATOD 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Laws [2020] NSWCATOD 98 Hearing dates: On the papers Date of orders: 31 August 2020 Decision date: 31 August 2020 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member S Smiltnieks, Senior Member J O'Baugh, Senior Member J Sillince, General Member Decision: (1) Under s 149C(4)(a) of the National Law, if Ms Laws were still registered as a nurse, the Tribunal would have cancelled her registration. (2) Under s 149C(4)(b) of the National Law, Ms Laws is disqualified from being registered as a nurse for a period of 2 years from the date of this decision. (3) Under s 149C(4)(c) of the National Law, the Tribunal requires the Nursing and Midwifery Board to record the fact that had Ms Laws been registered, the Tribunal would have cancelled her registration for a period of 2 years from the date of this 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 Laws 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 Doctor A, Doctor B, Person C or Person D referred to in the evidence in the proceedings, is prohibited. Catchwords: PROFESSIONAL REGISTRATION AND DISCIPLINE- Complaints – unsatisfactory professional conduct - professional misconduct - falsifying prescriptions – misleading regulator - impairment Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 HCCC v Chowdhury [2015] NSWCATOD 65 HCCC v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Do [2014] NSWCA 307 Lee v Health Care Complaints Commission [2012] NSWCA 80 R v Byrnes & Hopwood [1995] HCA 1 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Kristee Lee Laws (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) No participation by Respondent File Number(s): 2020/00046990 Publication restriction: An order is made under s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), prohibiting the disclosure to any person or entity of the names, addresses or any other identifying information of Doctor A, Doctor B, Person C or Person D referred to in the evidence in the proceedings.