Mew v Health Care Complaints Commission [2020] NSWCATOD 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mew v Health Care Complaints Commission [2020] NSWCATOD 129 Hearing dates: 04 August 2020 30 October 2020 (final submissions) Date of orders: 11 November 2020 Decision date: 11 November 2020 Jurisdiction: Occupational Division Before: A Britton, Principal Member K O'Leary, Senior Member V Gibson, Senior Member R Leontini, General Member Decision: (1) Ms Mew's registration as an Enrolled Nurse is reinstated under s 163B(1) of the Health Practitioner Regulation National Law (NSW). (2) Pursuant to s 163B of the Health Practitioner Regulation National Law (NSW), for a period of six months, or such longer period as determined by the Nursing and Midwifery Council (the Council) Ms Mew's registration is subject to the following conditions: Health conditions (a) Ms Mew is to attend for treatment by a Neuropsychologist and General Practitioner of her choice (the treating practitioners), at a frequency to be determined by the treating practitioners. (b) Ms Mew is to provide the Council with the names and contact details of the treating practitioners. (c) Every three months, or at such frequency as determined by the Council, Ms Mew is to provide the Council with evidence of her attendance (frequency and compliance) with the treating practitioners. (d) Ms Mew is to authorise the treating practitioners to inform the Council of any of the following: (i) termination of treatment; (ii) any significant change in Ms Mew's health status, including a significant temporary change, and (iii) any serious/immediate concerns about Ms Mew's fitness to practise. (e) Ms Mew is to take medication as directed by her treating practitioners. (f) Ms Mew is to attend for health assessment by a psychiatrist appointed by the Council within six months of being registered as an Enrolled Nurse. The cost of the assessment will be borne by the Council. Practice Conditions (g) Ms Mew is to practise under "indirect close" supervision in accordance with the Council's Regulatory Supervision Policy and as subsequently determined by the appropriate review body. (h) Ms Mew must: (i) nominate a supervisor for approval by the Council (the approved supervisor), within two weeks of commencing work, or as directed by the Council; (ii) authorise the approved supervisor to provide to the Council, at quarterly intervals, or at such periods as directed by the Council, a written report about her performance; (iii) authorise the Council to provide the authorised supervisor with a copy of Mew v Health Care Complaints Commission [2020] NSWCATOD 129 and any relevant decisions. (i) Ms Mew is not to administer medication unless and until she has successfully completed additional training as determined by the Council or the relevant Nurse Unit Manager; (j) Ms Mew must not engage with an agency for the purpose of nursing; (k) Ms Mew is not to have supervisory responsibility for any other health practitioner or student, whether registered or not; (l) Within seven days of commencing employment as an Enrolled Nurse, Ms Mew must inform the employer of the conditions on her registration and give the employer a copy of the reasons for decision in Mew v Health Care Complaints Commission [2020] NSWCATOD 129. (m) Within 14 days of commencing employment as an Enrolled Nurse, Ms Mew must give to the Council evidence that she has complied with the above condition. (n) Ms Mew must authorise the Council to exchange information with any person or current or future employer regarding any concerns in relation to compliance with these conditions. (o) Unless specified, Ms Mew is responsible for the costs associated with complying with these conditions. (3) The Council is the appropriate review body for the purposes of Division 8 of the National Law. (4) Ms Mew must pay the Commission's disbursements, as agreed or assessed. Catchwords: HEALTH — Professional registration and discipline —reinstatement of health practitioner HEALTH — Professional registration and discipline — whether practitioner has an impairment PRACTICE AND PROCEDURE — principles of open justice — whether appropriate to order the suppression of name of health practitioner COSTS — application of compensatory principle where applicant practitioner is successful in application for review of cancellation order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Health Records and Information Privacy Act 2002 (NSW) Nurses and Midwives Act 1991 (NSW) (repealed) Cases Cited: Ake v Health Care Complaints Commission [2019] NSWCATOD 165 Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 HCCC v CSM [2016] NSWCATOD 125 HCCC v CWY [2017] NSWCATOD 6 HCCC v Dr CRF [2016] NSWCATOD 120 Health Care Complaints Commission v BXD (No 2) [2015] NSWCATOD 135 Health Care Complaints Commission v Mew [2007] NSWNMT 17 Mew v HCCC [2012] NSWNMT 7 Texts Cited: Australian Health Workforce Ministerial Council, "Registration Standard: Recency of Practice" (1 June 2016) NCAT Policy 2, "Publishing Reasons for Decision" (October 2019) Nursing and Midwifery Council, "Regulatory Supervision Policy" (3 August 2018) Category: Principal judgment Parties: Melinda Mew (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: L Thomas (Respondent)