Health Care Complaints Commission v Cecil [2020] NSWCATOD 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Cecil [2020] NSWCATOD 121 Hearing dates: 15, 16 October 2020 Date of orders: 30 October 2020 Decision date: 30 October 2020 Jurisdiction: Occupational Division Before: O Shub, Senior Member J O'Baugh, Senior Member I McQualter, Senior Member J Barker, General Member Decision: (1) The Respondent having been found guilty of a criminal charge of theft and larceny is guilty of professional misconduct. (2) The Respondent is guilty of unsatisfactory professional conduct and professional misconduct in respect of the actions perpetrated by her. (3) The registration of the Respondent is cancelled with effect from the date of this Order. (4) The Respondent shall not be entitled to apply for registration as a nurse for a period of 2 years from the date of this order. (5) The Respondent shall be subject to a prohibition order which will prevent her from providing the following health services on a public, private or volunteer basis until she is registered as a nurse: (a) medical, hospital, nursing or midwifery services; (b) mental community health services; (c) health education services; (d) any services in respect of which she will be exposed to patients or people in a healthcare facility. (6) The Respondent shall pay the costs of the Applicant as agreed in the sum of $10,000.00. Catchwords: Professions and trades – registered nurse – criminal charge and conviction against nurse – theft and larceny – diagnosis of disorder – determination of impairment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Health Practitioner Regulation National Law (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Bannister v Walton (30 April 1992, CA, unreported) Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v NSW Bar Association [1960] HCA 40 Ex parte Tziniolis; Re The Medical Practitioners Act (1966) 67 SR (NSW) 448 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Azizi [2016) NSWCATOD 94 Health Care Complaints Commission v Buys (No 3) [2020] NSWCATOD 102 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Alex Simring [2010] NSWMT 7 Health Care Complaints Commission v Duggan [2015] NSWCATOD 142 Health Care Complaints Commission v Litchfield (1977) 41 NSWLR 630 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Luque [2019] NSWCATOD 129 Health Care Complaints Commission v Luque [2019] NSWCATOD 129 Health Care Complaints Commission v Menz [2017] NSWCATOD 141 Health Care Complaints Commission v Picones [2018] NSWCATOD 56 Health Care Complaints Commission v Shrimpton (No.2) [2019] NSWCATOD 48 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lindsay v Health Care Complaints Commission [2005] NSWCA 356 Nursing and Midwifery Board of Australia v Kumar (Review and Regulation) [2019] VCAT 1099 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v HCCC [2015] NSWCA 282 Texts Cited: Code of conduct for nurses, issued by the Nursing and Midwifery Board of Australian Code of Ethics for Nurses in Australia, issued by the Australian College of Nursing Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Alena Tatatau Cecil (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) G Gallagher (Respondent) File Number(s): 2020/00160488 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), the details of Patients A and B are suppressed and may not be published.