Health Care Complaints Commission v Borg [2020] NSWCATOD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Borg [2020] NSWCATOD 141 Hearing dates: 29, 30 October 2020 Date of orders: 07 December 2020 Decision date: 07 December 2020 Jurisdiction: Occupational Division Before: O Shub, Senior Member A Bizzotto, Senior Member M Hagarty, Senior Member C Berglund, General Member Decision: (1) The Respondent is guilty of unsatisfactory professional conduct and professional misconduct in respect of her behaviour while working as a registered nurse and while under suspension on conditions imposed by the Nursing and Midwifery Council and suffers from an impairment. (2) The registration of the Respondent is cancelled with immediate effect. (3) The Respondent shall not be entitled to apply for registration as a nurse for a period of two years from the date of this order. (4) The Respondent 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 health care facility. (5) The Respondent shall pay the costs of the Applicant as agreed or assessed. Catchwords: Registered nurse – impairment – drug misuse – breach of conditions – stress and anxiety Legislation Cited: Drug Misuse Trafficking Act 1985 Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission vs Cakan [2018] NSWCATOD 5 Health Care Complaints Commission vs Ashford [2015] NSWCATOD 15 Tung v Health Care Complaints Commission [2011] NSWCA 219 Health Care Complaints Commission v Bainbridge [2018] NSWCATOD 169 Health Care Complaints Commission v Bousfield [2014] NSWCATOD 57 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Clyne v NSW Bar Association [1960] HCA 40 Prakash v Health Care Complaints Commission [2006] NSW CA 153 Health Care Complaints Commission v Do (2014) NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Health Care Complaints Commission v CSM [2016] NSWCATOD 125 Health Care Complaints Commission v Brush (No. 2) [2015] NSWCATOD 154 Health Care Complaints Commission v CSM [2016] NSWCATOD 125 Health Care Complaints Commission v Spruce (No. 2) [2015] NSWCATOD 153 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Health Care Complaints Commission v Ngo [2015] NSWCATOD 143 Health Care Complaints Commission v Khalsa (No 2) [2014] NSWCATOD 47 Health Care Complaints Commission v Woods (No 2) [2016] NSWCATOD 99 Health Care Complaints Commission v Noor (No 2) [2020] NSWCATOD 9 Health Care Complaints Commission v Laws [2020] NSWCATOD 98] Mew v Health Care Complaints Commission [2020] NSWCATOD 129 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Susan Mary Borg (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Self-Represented (Respondent) File Number(s): 2020/00142233 Publication restriction: Nil