Health Care Complaints Commission v Tane [2020] NSWCATOD 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Tane [2020] NSWCATOD 112 Hearing dates: 18 September 2020 Date of orders: 02 October 2020 Decision date: 02 October 2020 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member J Williams, Senior Member D Beaumont, Senior Member R Kusuma, General Member Decision: Consequent upon the finding of professional misconduct which we have made we make the following orders: (1) Within 14 days the applicant is to inform the respondent to the best of its ability of what protective orders it seeks. (2) Within 28 days thereafter the respondent is to advise the applicant and the Tribunal Registry of what information she wishes to put before the Tribunal in its consideration of what protective orders should be made. Without in any way wanting to restrict the respondent, we indicate that in matters of this kind persons in the position of the respondent sometimes endeavour to offer any reasons for or insight into their conduct, any evidence of any medical or other condition which might be relevant to their conduct, any indication of what steps might be available by way of rehabilitation, and character references. We stress that the respondent is not under any obligation to provide any of this or other material, and it is a matter for her whether she wishes to do so. (3) Within 14 days thereafter the applicant is to file and serve any additional information it wishes to put before the Tribunal. (4) The respondent should use her best endeavours to inform the Tribunal Registry and the applicant of any contact details for her. (5) The parties will be informed by the Registry of a date by the Tribunal for the conduct of the Stage 2 hearing (6) We grant liberty to apply which may be exercised by either party making contact with the Registry. Catchwords: TRADES AND PROFESSIONS – nurse – breach of professional boundaries – forming friendship with patients outside professional relationship – borrowing moneys from patients – supply of prescription drugs to patient in exchange for money – held constitutes professional misconduct- proceedings stood over for Stage 2 hearing. Legislation Cited: Health Practitioner Regulation National Law (NSW) ss150,139B,139E Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Health Care Complaints Commission v Do [2014] NSWCA 307 Spicer v NSW Medical Board & Ors (Court of Appeal (NSW), 19 February 1981, unrep) Texts Cited: Code of Ethics for Nurses in Australia A nurse's guide to professional boundaries Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Cherie Adriane Tane (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) No appearance (Respondent) File Number(s): 2020/00182185 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 a non-publication order is made with respect to the name of any patient of the respondent named in the proceedings and any information which might tend to identify any such person.