Health Care Complaints Commission v Wardman (No 2) [2021] NSWCATOD 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wardman (No 2) [2021] NSWCATOD 67 Hearing dates: 4 March 2021 Date of orders: 20 May 2021 Decision date: 20 May 2021 Jurisdiction: Occupational Division Before: G Blake AM SC, Senior Member L Hopper, Senior Member I McQualter, Senior Member J Houen, General Member Decision: (1) The respondent is reprimanded. (2) The following conditions are imposed on the respondent's registration: (a) the respondent must complete the following education courses that have been approved by the Nursing and Midwifery Council of New South Wales within 12 months of the date of these orders: (i) on record keeping and ethics; (ii) on cardiac care of patients including the operation of telemetry; (b) the respondent is to provide to the Nursing and Midwifery Council of New South Wales evidence of successful completion of these courses signed by an individual authorised by the education institution within 14 days of completion of the applicable course. (3) The Nursing and Midwifery Council of New South Wales is the appropriate review body of these conditions when the respondent has a principal place of practice in New South Wales. (4) Part 7 Division 11 Subdivision 2 of the Health Practitioner Regulation National Law (NSW) is to apply should the respondent's principal place of practice be anywhere in Australia other than in New South Wales, so that the appropriate review body in those circumstances is the relevant National Board. (5) The proceedings are otherwise dismissed. (6) The respondent is to pay the costs of the applicant of the proceedings which are fixed in the sum of $25,703.86. Catchwords: HEALTH — professional registration and discipline — registration — nurse — where nurse is guilty of professional misconduct — what action should be taken Legislation Cited: Health Practitioner Regulation National Law (NSW), Pt 7 Div 11 Subdiv 2, ss 5, 139B, 139E, 144, 149, 149A, 149C, Sch 5D, cl 13 Cases Cited: 203 Castlereagh Street Pty Ltd v Skybloo Holdings Pty Ltd [2017] NSWCATAP 29 Anderson v The Owners - Strata Plan No. 61034 (No 2) [2019] NSWCATAP 108 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Cooper; Health Care Complaints Commission v Higgins [2018] NSWCATOD 17 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Hanna (No 2) [2017] NSWCATOD 178 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Schmaman [2019] NSWCATOD 82 Health Care Complaints Commission v Wardman [2020] NSWCATOD 126 Lee v Health Care Complaints Commission [2012] NSWCA 80 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ian Craig Wardman (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Jason Li Lawyers (Respondent) File Number(s): 2020/00040728 Publication restriction: The disclosure of the names of Patient A and Nurses 1 to 4, together with any information or material which could identify these persons, whether by itself or with other information and material, is prohibited pursuant to an order made on 4 November 2020.