Health Care Complaints Commission v Russ [2021] NSWCATOD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Russ [2021] NSWCATOD 5 Hearing dates: 16 November 2020 Date of orders: 18 January 2021 Decision date: 18 January 2021 Jurisdiction: Occupational Division Before: A Britton, Principal Member I McQualter, Senior Member K Andersson-Noorgard, Senior Member J Barker, General Member Decision: (1) Pursuant to s 149A(1) of the Health Practitioner Regulation National Law (NSW), Ms Russ is reprimanded. (2) By consent, Ms Russ must pay to the Health Care Complaints Commission costs of $8,000. Catchwords: PROFESSIONS AND TRADES — health practitioners — whether circumstances of the offence render the practitioner unfit in the public interest to practise the practitioner's profession Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: 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 Ex parte Tziniolis; Re Medical Practitioners Act (1966) 67 SR (NSW) 448 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Health Care Complaints Commission v Marsh [2016] NSWCATOD 155 Lee v Health Care Complaints Commission [2012] NSWCA 80 Pharmacy Council v Ibrahim [2020] NSWSC 708 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Lauren Russ (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) NSW Nurses and Midwives' Association (Respondent) File Number(s): 2020/00196771 Publication restriction: Nil