Clarke v Nursing and Midwifery Council of New South Wales [2021] NSWCATOD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Clarke v Nursing and Midwifery Council of New South Wales [2021] NSWCATOD 32 Hearing dates: 12 March 2021 and by written submissions dated 17 March 2021 Date of orders: 25 March 2021 Decision date: 25 March 2021 Jurisdiction: Occupational Division Before: A Britton, Principal Member L Gregory, Senior Member J Williams, Senior Member M Maher, General Member Decision: (1) Pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 (NSW) the time to lodge the appeal is extended to 20 July 2020. (2) The decision made by the Nursing and Midwifery Council of New South Wales to refuse to remove the condition on Ms Clarke's registration, imposed in May 2018, that she not work as a nurse until that condition is removed by the Council, is confirmed. Catchwords: HEALTH — professional registration and discipline —appeal against decision of Nursing and Midwifery Council of New South Wales not to remove condition on registration prohibiting appellant from working as registered nurse Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Clarke v Nursing and Midwifery Council of New South Wales [2020] NSWCATOD 58 Clarke v Nursing and Midwifery Council of NSW [2017] NSWCATOD 163 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Health Care Complaints Commission v Do [2014] NSWCA 307 Karimi v Medical Council of New South Wales [2017] NSWCATOD 180 South Eastern Sydney Local Health District v Clarke [2021] NSWSC 63 Texts Cited: Nil Category: Principal judgment Parties: Sharmain Clarke (Appellant) Nursing and Midwifery Council of New South Wales (Respondent) Representation: Solicitors: Appellant (self-represented) Nursing and Midwifery Council of New South Wales (Respondent) File Number(s): 2020/00182258 Publication restriction: Nil