Health Care Complaints Commission v Dulal [2021] NSWCATOD 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dulal [2021] NSWCATOD 92 Hearing dates: 27 May 2021 Date of orders: 09 July 2021 Decision date: 09 July 2021 Jurisdiction: Occupational Division Before: O Shub, Senior Member S Daly, Senior Member Dr S Schulz-Robinson, Senior Member M Ficarra, General Member Decision: (1) The Respondent is strongly reprimanded under s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW). (2) The Respondent must practice under Indirect Supervision, as described in the Nursing and Midwifery Council of New South Wales' "Regulatory Supervision Policy". (a) To nominate a supervisor for approval by the Council before returning to work as a Registered Nurse. (b) That monthly reports are to be provided to the Council by the approved supervisor. (c) To authorise the Council to provide approved supervisors with a copy of relevant decisions. (3) The Respondent is to provide evidence within seven (7) days to the Nursing and Midwifery Council of New South Wales, that she has provided a copy of full conditions to her nursing employer and/or education provider. (4) Within seven (7) days of a change in the nature or place of her practice, the Respondent is to forward evidence to the Nursing and Midwifery Council of New South Wales that she has provided a copy of full conditions to her nursing employer (including nurse managers at agency placements) and/or education provider. (5) The Respondent is to authorise the Nursing and Midwifery Council of New South Wales to exchange information with current and future persons or organisations at places where she works as a nurse in Australia, regarding any issues arising in relation to compliance with these conditions. The Respondent must only be employed as a nurse in circumstances where the employer has agreed to notify the Council of any breach of the conditions or unsafe practice, and exchange information with the Council related to compliance with the conditions. (6) Sections 125 to 127 of the Health Practitioner Regulation National Law (NSW) are 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. (7) The Nursing and Midwifery Council of New South Wales is the appropriate review body for the purposes of these conditions. (8) The conditions placed upon the Respondent in orders (2) to (5) above are Critical Conditions. (9) The Respondent is to pay the costs of the Applicant as agreed or assessed. Catchwords: HEALTH — professional registration and discipline — complaints Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) 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: Zach Smith, "Clinical Supervision: What Managers Need To Know" (28 January 2019) https://nursegrid.com/blog/clinical-supervision-what-managers-need-to-know/ Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Benju Dulal (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) NSW Nurses and Midwives' Association (Respondent) File Number(s): 2020/00364359 Publication restriction: Nil