Health Care Complaints Commission v Wardman [2020] NSWCATOD 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wardman [2020] NSWCATOD 126 Hearing dates: 14, 15 and 16 September 2020 Date of orders: 04 November 2020 Decision date: 04 November 2020 Jurisdiction: Occupational Division Before: G Blake AM SC, Senior Member L Hopper, Senior Member I McQualter, Senior Member J Houen, General Member Decision: (1) For the purposes of these proceedings: (a) the name of the patient referred to in the Application for disciplinary findings and orders is anonymised as Patient A; (b) the name of the four nurses other than the respondent working in the ward on the night shift on 16 July 2020 are anonymised as Nurse 1, Nurse 2, Nurse 3, and Nurse 4, respectively. (2) The publication of the name of the Patient A, and Nurses 1 to 4, together with any information or material which could identify these persons, whether by itself or with other information and material, is prohibited; (3) the applicant is to inform the respondent of what protective orders it seeks within 7 days; (4) the respondent is to file and serve any further evidence, and an outline of submissions, on what protective orders should be made within 21 days thereafter; (5) the applicant is to file and serve any further evidence, and an outline of submissions, on what protective orders should be made within 14 days thereafter; (6) the proceedings are adjourned for the conduct of the stage 2 hearing to a date to be fixed by the Registrar. Catchwords: TRADES AND PROFESSIONS – nurse – failure to take observations of patient - failure to reconnect patient's heart monitor – death of patient - whether constitutes unsatisfactory professional conduct or professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Health Care Complaints Act 1993 (NSW), s 40 Health Practitioner Regulation National Law (NSW), ss 41B, 139B, 139E, 150 Cases Cited: Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Health Care Complaints Commission v Cheng (No 2) [2017] NSWCATOD 93 Health Care Complaints Commission v Goyer [2019] NSWCATOD 121 Health Care Complaints Commission v Grygiel (Stay application) [2019] NSWCATOD 123 John Fairfax and Sons Ltd v Police Tribunal of New South Wales (1986) 5 NSWLR 465 Stanoevski v The Council of the Law Society of New South Wales [2008] NSWCA 93 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ian Craig Wardman (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Jason Li Lawyers (Respondent) File Number(s): 2020/00040728 Publication restriction: The disclosure of the name of Patient A, and Nurses 1 to 4, together with any information or material which could identify these persons, whether by itself or with other information and material, is prohibited.