Health Care Complaints Commission v De Guzman [2021] NSWCATOD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v De Guzman [2021] NSWCATOD 83 Hearing dates: 28 May 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Occupational Division Before: The Hon J Boland AM, Deputy President Prof Emerita M Chiarella, Senior Member I McQualter, Senior Member R Wellington, General Member Decision: (1) Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) (the National Law) the registration of Michael De Guzman (the practitioner) is cancelled. (2) Pursuant to s 149C(7) of the National Law the practitioner is prohibited from seeking a re-instatement order for a period of five years from the date of these orders. (3) By consent, each party is to pay their own costs of and incidental to the proceedings. Catchwords: HEALTH – professional registration and discipline – professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v New South Wales Bar Association (1960) 104 CLR 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Sullivan v Civil Aviation Safety Authority (2014) 226 FCR 555; [2014] FCAFC 93 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) Michael De Guzman (Respondent) Representation: Counsel: A Petrie (Applicant) D Burwood (Respondent)