Health Care Complaints Commission v Dudhela [2021] NSWCATOD 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dudhela [2021] NSWCATOD 59 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 of unsatisfactory professional conduct is proved. (2) Mr Dudhela is guilty of professional misconduct. (3) Mr Dudhela's registration as a nurse is cancelled. (4) Mr Dudhela cannot make an application for review of the cancellation order until 18 months from the date of these orders. (5) The Registrar is requested to notify the Nursing and Midwifery Council of New South Wales and the Australian Health Practitioner Regulation Agency of Orders 3 and 4 above as soon as practicable. (6) Mr Dudhela is to pay the Health Care Complaints Commission'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). (7) 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. (8) Under s 64(1) of the Civil and Administrative Tribunal Act, a non-publication order is made in relation to the photographic images contained in the Health Care Complaints Commission's bundle of documents which appear at Tab 12 of those documents. Catchwords: HEALTH — professional registration and discipline — complaints — nurse — mental health nursing — failure to observe and attend to patient in acute inpatient facility — disciplinary action Legislation Cited: Civil and Administrative Tribunal Act 2013 (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) 74 NSWLR 523; [2009] NSWCA 102 Health Care Complaints Commission v Tam [2020] NSWCATOD 30 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Saeid Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Lee v Health Care Complaints Commission [2012] NSWCA 80 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) Mehul Mukundray Dudhela (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) New South Wales Nurses and Midwives' Association (Respondent) File Number(s): 2020/00182206 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.