Health Care Complaints Commission v Chikuku [2021] NSWCATOD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chikuku [2021] NSWCATOD 58 Hearing dates: 16 – 20 November 2020 and by written submissions dated 15 January 2021, 26 February 2021 and 5 March 2021 Date of orders: 11 May 2021 Decision date: 11 May 2021 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member J O'Baugh, Senior Member Dr S Schulz-Robinson, Senior Member J Houen, General Member Decision: (1) The Complaint is dismissed. (2) The Health Care Complaints Commission is to pay Ms Chikuku's costs of and incidental to these proceedings as agreed or failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH — professional registration and discipline — complaints — nurse — mental health nursing — failure to observe patient in acute inpatient facility — disciplinary action Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Donnelly v Health Care Complaints Commission (NSW) [2011] NSWSC 705 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Texts Cited: Nursing and Midwifery Board of Australia, "Code of Ethics for Nurses in Australia" (August 2008) Nursing and Midwifery Board of Australia, "Code of Professional Conduct for Nurses in Australia" (August 2008) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Phoebe Chikuku (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) New South Wales Nurses and Midwives' Association (Respondent) File Number(s): 2020/00274863 Publication restriction: 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 Patient A or his family is prohibited.