Health Care Complaints Commission v Tane (No 2) [2020] NSWCATOD 159

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Tane (No 2) [2020] NSWCATOD 159 Hearing dates: 11 December 2020 Date of orders: 23 December 2020 Decision date: 23 December 2020 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member J Williams, Senior Member D Beaumont, Senior Member R Kusuma, General Member Decision: (1) The registration of the respondent as a nurse is cancelled with effect from this date (2) The respondent is prohibited from providing health services as defined in section 5 of the Health Practitioner Regulation National Law (3) The respondent is precluded from seeking a review of orders (1) and (2) for a period of 3 years from this date (4) The appropriate review body of orders (1) and (2) is this Tribunal (5) The respondent is to pay the costs of the applicant in an amount of $11506.86 Catchwords: TRADES AND PROFESSIONS – nurse – breach of professional boundaries – forming friendship with patients outside professional relationship – borrowing moneys from patients – unauthorised supply of prescription drugs to patient in exchange for money – found guilty of professional misconduct- protective orders made including cancellation of registration and prohibition order -costs order made Legislation Cited: Health Practitioner Regulation National Law (NSW) ss 5,149C Legal Profession Uniform Law (NSW) No 16a of 2014 Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Spicer v NSW Medical Board & Ors (Court of Appeal (NSW), 19 February 1981, unrep) Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Cherie Adriane Tane (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) No Appearance (Respondent) File Number(s): 2020/00182185 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 a non-publication order is made with respect to the name of any patient of the respondent named in the proceedings and any information which might tend to identify any such person.