Health Care Complaints Commission v Watkins [2021] NSWCATOD 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Watkins [2021] NSWCATOD 61 Hearing dates: 16 – 20 November 2020 and by written submissions dated 15 January 2021, 1 March 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) Ms Watkins is guilty of professional misconduct. (3) Under s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW) (the National Law), if Ms Watkins was still registered as a nurse, the Tribunal would have cancelled her registration. (4) Under s 149C(4)(b) of the National Law, Ms Watkins is disqualified from being registered as a nurse for a period of 18 months from the date of these orders. (5) Under s 149C(4)(c) of the National Law, the Tribunal requires the Nursing and Midwifery Board of Australia to record the fact that had she been registered, the Tribunal would have cancelled Ms Watkins' registration for a period of 18 months from the date of these orders. (6) 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, 4 and 5 above as soon as practicable. (7) Ms Watkins is to pay the costs of the Health Care Complaints Commission, to be agreed or assessed. (8) 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. (9) 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 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 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) Jill Louise Watkins (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) New South Wales Nurses and Midwives' Association (Respondent) File Number(s): 2020/00182199 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.