Health Care Complaints Commission v Shipley [2020] NSWCATOD 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Shipley [2020] NSWCATOD 128 Hearing dates: 9 June 2020; 1, 6 July 2020 Date of orders: 09 November 2020 Decision date: 09 November 2020 Jurisdiction: Occupational Division Before: L Pearson, Principal Member M Kettle, Senior Member J Williams, Senior Member S Lovrovich, General Member Decision: (1) Pursuant to a finding of professional misconduct, the Respondent's registration as an enrolled nurse is cancelled from the date of this decision under s 149C(1)(b) of the Health Practitioner Regulation National Law; (2) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law, the Respondent is not to make any application for review of the cancellation of her registration for a period of three years from the date of this decision; (3) Pursuant to s 149C(5) of the Health Practitioner Regulation National Law, the Respondent is prohibited from providing services as an assistant in nursing, in disability or mental health services, or in aged care homes or nursing homes, unless and until such time as she is registered as an enrolled nurse; (4) The Respondent is to pay the costs of the Health Care Complaints Commission, in a fixed amount, to be determined in accordance with the following directions: (a) The Health Care Complaints Commission is to provide to the Tribunal and the Respondent submissions as to the amount, and quantification of the basis, of costs sought in the proceedings, within 14 days of the date of these orders; (b) The Respondent is to provide to the Tribunal and the Health Care Complaints Commission any submissions in response to those submissions, within 14 days of the date of receiving the submissions of the Health Care Complaints Commission; (c) The parties' submissions are to include any submission as to whether a hearing is required on the costs application; (d) Subject to considering any such submissions, the Tribunal proposes to dispense with a hearing and determine the question of costs on the basis of the documents provided. Catchwords: PROFESSIONS AND TRADES – health practitioner – enrolled nurse – use of patient's ATM card – false or misleading statements – failure to notify regulatory authority – whether improper or unethical conduct – whether professional misconduct – protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Health Practitioner Regulation National Law Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Hanna [2018] NSWCATOD 113 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Lee v Health Care Complaints Commission [2012] NSWCA 80 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Donna Lea Shipley (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (Self represented) File Number(s): 2020/00081414 Publication restriction: Pursuant to cl 7 of Sch 5D of the Health Practitioner Regulation National Law disclosure to any person or entity of the name of the patient set out in schedule to the Complaint is prohibited.