Health Care Complaints Commission v Youssef; Health Care Complaints Commission v McArthur [2021] NSWCATOD 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Youssef; Health Care Complaints Commission v McArthur [2021] NSWCATOD 2 Hearing dates: 24, 25, 26 August 2020 Date of orders: 13 January 2021 Decision date: 13 January 2021 Jurisdiction: Occupational Division Before: L Pearson, Principal Member J Flood, Senior Member B Clarke, Senior Member S Lovrovich, General Member Decision: 2020/00081521 Health Care Complaints Commission v Youssef: (1) Leave granted to amend the complaint; (2) The respondent is guilty of unsatisfactory professional conduct and professional misconduct; (3) The following directions are made: (a) The applicant is to provide to the Tribunal and to the respondent a statement as to the protective orders it is seeking as a consequence of the finding of unsatisfactory professional conduct and professional misconduct, together with the evidence on which it intends to rely, and submissions, on or before 5 February 2021; (b) The respondent is to provide to the Tribunal and to the applicant evidence and submissions in response, on or before 26 February 2021; (c) The applicant is to provide to the Tribunal and to the respondent any material in reply, on or before 5 March 2021; (d) The parties are to provide to the Tribunal a range of dates for the Stage 2 hearing after 10 March 2021, on or before 20 January 2021. 2020/00081523 Health Care Complaints Commission v McArthur: (1) Leave granted to amend the complaint; (2) The respondent is guilty of unsatisfactory professional conduct; (3) The following directions are made: (a) The applicant is to provide to the Tribunal and to the respondent a statement as to the protective orders it is seeking as a consequence of the finding of unsatisfactory professional conduct, together with the evidence on which it intends to rely, and submissions, on or before 5 February 2021; (b) The respondent is to provide to the Tribunal and to the applicant evidence and submissions in response, on or before 26 February 2021; (c) The applicant is to provide to the Tribunal and to the respondent any material in reply, on or before 5 March 2021; (d) The parties are to provide to the Tribunal a range of dates for the Stage 2 hearing after 10 March 2021, on or before 20 January 2021. Catchwords: PROFESSIONS AND TRADES – health practitioner – registered nurse – whether conduct significantly below standard – whether provision of false and misleading information – whether conduct improper or unethical – whether unsatisfactory professional conduct – whether professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Care Complaints Act 1993 Health Practitioner Regulation National Law Cases Cited: Chatoor v Health Care Complaints Commission of NSW [2020] NSWCA 111 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Attia [2016] NSWCATOD 167 Health Care Complaints Commission v Hanna [2018] NSWCATOD 113 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Kennedy [2017] NSWCATOD 72 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Texts Cited: Nil Category: Principal judgment Parties: 2020/00081521: Health Care Complaints Commission (Applicant) Nelley Youssef (Respondent)