Health Care Complaints Commission v Sardinia [2021] NSWCATOD 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sardinia [2021] NSWCATOD 119 Hearing dates: 19 – 22 July 2021 Date of orders: 20 August 2021 Decision date: 20 August 2021 Jurisdiction: Occupational Division Before: A Britton, Principal Member V Gibson, Senior Member S Shulz-Robinson, Senior Member R Kusuma, General Member Decision: (1) Ms Sardinia is guilty of professional misconduct. (2) Ms Sardinia is reprimanded. (3) Ms Sardinia's registration is subject to the following conditions: (a) Not to undertake agency nursing. (b) Not to be the nurse/midwife in charge of any shift, ward or unit. (c) To practise no more than 40 hours of full-time employment per week. (d) Not to work for more than one employer at a time. (e) Not to provide nursing care to geriatric/aged care patients other than in a hospital. (f) To obtain Nursing and Midwifery Council of NSW approval before changing the nature or place of practice. (g) To practise under indirect supervision in accordance with the Nursing and Midwifery Council of New South Wales regulatory supervision policy (as varied from time to time) and as subsequently determined by the appropriate review body. (i) to nominate a supervisor for approval by the Council within 14 days of commencing work or as specified by the Council. (ii) to authorise the approved supervisor to provide written reports to the Council at monthly intervals, or as specified by the Council. (iii) to authorise the Council to provide nominated and approved supervisors with a copy of relevant decisions. (h) To satisfactorily complete within 18 months of the date of this decision, education approved by the Nursing and Midwifery Council of New South Wales and that has the following characteristics: (i) vocational (ii) content or learning objectives: Falls management and Pain management. (i) within six months of the date of the decision Ms Sardinia must provide evidence to the Council of enrolment in the approved course/s. (ii) within two months of completing the approved course/s, Ms Sardinia is to provide documentary evidence of satisfactory completion to the Council. (iii) to bear responsibility for any costs incurred meeting this condition. (i) Within two months of the date of this decision, to attend for treatment by a psychologist or psychiatrist of her choice. The frequency of on-going treatment is to be determined by the treating practitioner. Ms Sardinia must: (i) authorise the treating practitioner to inform the Nursing and Midwifery Council of NSW of any of the following: (A) failure to attend for treatment; (B) termination of treatment; or (C) a significant change in health status (including a significant temporary change). (ii) provide the Council with the professional details of the treating practitioner. (iii) provide evidence to the Council of her attendance with the treating practitioner, as specified by the Council. (j) Forward evidence to the Nursing and Midwifery Council of NSW within seven days of commencing employment, that she has provided a copy of full conditions to her nursing employer. (k) Must within seven (7) days of a change in the nature or place of practice, forward evidence to the Nursing and Midwifery Council of NSW, that she has provided a copy of full conditions to her nursing employer. (l) Authorise the Nursing and Midwifery Council of NSW to exchange information with current and future persons or organisations at places where Ms Sardinia works as a nurse in Australia, regarding any issues arising in relation to compliance with these conditions. She 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. (4) The Nursing and Midwifery Council is the appropriate review body for the purposes of Division 8 of the Health Practitioner Regulation National Law (NSW). (5) Sections 125 to 127 of the Health Practitioner Regulation National Law are to apply while Ms Sardinia's principal place of practice is anywhere in Australia, other than in New South Wales, so that a review of these conditions can be conducted by the Nursing and Midwifery Board of Australia. (6) Ms Sardinia is to pay the Commission's costs as agreed or assessed. Catchwords: HEALTH — professional registration and discipline — unsatisfactory professional conduct — whether conduct amounts to unsatisfactory professional conduct — whether unsatisfactory professional conduct is sufficiently serious to amount to professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Attia v Health Care Complaints Commission [2017] NSWSC 1066 Chen v Health Care Complaints Commission [2017] NSWCA 186 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Grygiel (Stay application) [2019] NSWCATOD 123 Health Care Complaints Commission v Hart [2021] NSWCATOD 36 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWSC 297 Lee v Health Care Complaints Commission [2012] NSWCA 80 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Tessie Sardinia (Respondent) Representation: Counsel: R Donnelly (Applicant)