Health Care Complaints Commission v Rayner [2021] NSWCATOD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Rayner [2021] NSWCATOD 29 Hearing dates: 24 February 2021 Date of orders: 26 March 2021 Decision date: 26 March 2021 Jurisdiction: Occupational Division Before: O Shub, Senior Member E Angel, Senior Member D Beaumont, Senior Member J Barker, 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. (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 three years from the date of this order. (4) The Respondent shall be prohibited under s 149C(5) of the Health Practitioner Regulation National Law (NSW) from providing any "health service" as defined by s 4 of the Health Care Complaints Act 1993 (NSW) for a period of three years from the date of this order, including: (a) medical, hospital, nursing and midwifery services; (b) community health services; (c) health education services; (d) any services in respect of which the respondent would be exposed to patients or people in a health care facility; (e) any services in respect of persons with a disability. (5) The Respondent shall pay the costs of the Applicant as agreed or assessed. Catchwords: HEALTH — professional registration and discipline — complaints — mental health and drug abuse nurse — failure to maintain relevant boundaries — sexual relationship with patient — use of drugs with patient — payments for and on behalf of patient and to patient — lack of insight Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Clyne v New South Wales Bar Association (1960) 104 CLR 186; [1960] HCA 40 Health Care Complaints Commission v Do [2014] NSWCA 307 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Naomi Rayner (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2020/00280581 Publication restriction: Prohibition of the disclosure of the name of the patient referred to in the Complaint under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).