Health Care Complaints Commission v Ford [2021] NSWCATOD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ford [2021] NSWCATOD 20 Hearing dates: 29 January 2021 Date of orders: 12 February 2021 Decision date: 12 February 2021 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member S Smiltnieks, Senior Member J Dilworth, Senior Member J Houen, General Member Decision: The complaints of unsatisfactory professional conduct and professional misconduct are proved. The following orders are made: (1) Under s 149C(4)(a) of the National Law, if Ms Ford were still registered as a nurse, the Tribunal would have cancelled her registration. (2) Under s 149C(4)(b) of the National Law, Ms Ford is disqualified from being registered as a nurse for a period of 18 months from the date of this decision. (3) Under s 149C(4)(c) of the National Law, the Tribunal requires the Nursing and Midwifery Board to record the fact that had Ms Ford been registered, the Tribunal would have cancelled her registration for a period of 18 months from the date of this decision. (4) The Registrar is requested to notify the Nursing and Midwifery Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1, 2 and 3 above as soon as practicable. (5) Ms Ford is to pay the costs of the Health Care Complaints Commission, to be agreed or assessed. (6) Under s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure to any person or entity of the names, addresses or any other identifying information of Doctor A, Doctor B or Person C referred to in the evidence in the proceedings, is prohibited. Catchwords: PROFESSIONAL REGISTRATION AND DISCIPLINE- Complaints – unsatisfactory professional conduct - professional misconduct - falsifying prescriptions – misleading regulator Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: R v Byrnes & Hopwood [1995] HCA 1 HCCC v Nguyen [2018] NSWCATOD 168 HCCC v Chowdhury [2015] NSWCATOD 65 Health Care Complaints Commission v Do [2014] NSWCA 307 Chen v Health Care Complaints Commission [2017] NSWCA 186 Lee v Health Care Complaints Commission [2012] NSWCA 80 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Breanna Georgia Ford (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (Self Represented) File Number(s): 2020/00207856 Publication restriction: An order is made under s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), prohibiting the disclosure to any person or entity of the names, addresses or any other identifying information of Doctor A, Doctor B or Person C referred to in the evidence in the proceedings