Health Care Complaints Commission v Aryal [2021] NSWCATOD 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Aryal [2021] NSWCATOD 68 Hearing dates: 12 April 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Occupational Division Before: O Shub, Senior Member V Gibson, Senior Member R Wilson, Senior Member A Gray, General Member Decision: (1) The Respondent having been convicted of a criminal offence involving a sentence of more than one year and having failed to notify the National Board within seven days of being charged, is guilty of unsatisfactory professional conduct and professional misconduct in respect of his behaviour while working as a registered nurse and this renders him unfit in the public interest to practise his profession pursuant to section 149(1)(c) of the Health Practitioner Regulation National Law (NSW). (2) Had the Respondent been a registered nurse, the Tribunal would have cancelled his registration with immediate effect. (3) The Respondent shall not be entitled to apply for registration as a nurse for a period of two years from the date on which he is ultimately released from prison, whether that release is at the end of the full eight year sentence or on parole at any time. (4) Until such time as the Respondent is re-registered as a nurse, the Respondent must not work in any role connected with nursing or the provision of health care services to members of the public. (5) The Respondent shall pay the Applicant's costs as agreed or assessed. Catchwords: HEALTH — professional registration and discipline — complaints — mental health nurse — sexual relationship with woman with significant cognitive impairment — inability to consent to sexual relationship — failure to notify National Board Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Clyne v The New South Wales Bar Association (1960) 104 CLR 186; [1960] HCA 40 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Brijesh Aryal (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2020/00246045 Publication restriction: Prohibition of the disclosure of the name of the victim of the offences referred to in the Complaint under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).