Health Care Complaints Commission v Hall [2020] NSWCATOD 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hall [2020] NSWCATOD 130 Hearing dates: On the papers Date of orders: 12 November 2020 Decision date: 12 November 2020 Jurisdiction: Occupational Division Before: A Britton, Principal Member C Anderson, Senior Member R Roseby, Senior Member M Maher, General Member Decision: 1. Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW) (the National Law), the Tribunal decides that if Ms Hall were still registered as an Enrolled Nurse, the Tribunal would have cancelled her registration. 2. Pursuant to s 149C(4)(b) of the National Law, Ms Hall is subject to a 12-month disqualification period commencing from the date of this decision. 3. Pursuant to s 149C(4)(c) of the National Law, the Nursing and Midwifery Board of Australia is required to record the fact that the Tribunal would have cancelled Ms Hall's registration in the National Register kept by the Board. 4. Pursuant to s 149C(5) of the National Law, Ms Hall is prohibited from providing health services, for a period of 12 months from the date of this decision. 5. Ms Hall must pay to the Health Care Complaints Commission costs in the sum of $14,000. Catchwords: PROFESSIONS AND TRADES — health practitioner — appropriate form of protective orders PROFESSIONS AND TRADES — health practitioner — whether conduct found to amount to unsatisfactory professional conduct -- whether unsatisfactory professional conduct is sufficiently serious to amount to professional misconduct ADMINISTRATIVE LAW – whether the "rule" in Browne v Dunn (1893) 6 R 67 (Browne v Dunn) applies to proceedings in NCAT brought under the Health Practitioner Regulation National Law –– no procedural unfairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Browne v Dunn (1893) 6 R 67 Chen v Health Care Complaints Commission [2017] NSWCA 186 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Elliott [2018] NSWCATOD 47 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170; (1992) 110 ALR 449 NSW Bar Association v Meakes [2006] NSWCA 340 Trade Practices Commission v Mobil Oil Australia Ltd [1984] FCA 238; (1984) 3 FCR 168 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Zoe Hall (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) NSW Nurses and Midwives' Association (Respondent) File Number(s): 2020/00099763 Publication restriction: Pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure and or publication of Ms Hall's personal details and the names of Patient A and Ms Hall's daughter, is prohibited.