Health Care Complaints Commission v Collins [2021] NSWCATOD 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Collins [2021] NSWCATOD 132 Hearing dates: 6 May 2021 Date of orders: 03 September 2021 Decision date: 03 September 2021 Jurisdiction: Occupational Division Before: L Pearson, Principal Member K Donovan, Senior Member A Bizzotto, Senior Member M Christensen, General Member Decision: (1) Ms Collins is guilty of professional misconduct; (2) Ms Collins has an impairment within the meaning of s 5 of the Health Practitioner Regulation National Law (NSW); (3) Ms Collins is not competent to practise within the meaning of s 139(a) of the Health Practitioner Regulation National Law (NSW); (4) Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) the registration of Ms Collins is cancelled; (5) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW) Ms Collins cannot seek review of the order to cancel her registration for a period of two years; (6) Pursuant to s 149C(5) of the Health Practitioner Regulation National Law (NSW) Ms Collins is prohibited from providing health services as an assistant in nursing or in aged care until such time as she is re-registered as a nurse; (7) Ms Collins shall pay the Health Care Complaints Commission's costs of, and incidental to, these proceedings as agreed or assessed. Catchwords: OCCUPATIONS – health practitioner –registered nurse - failure to comply with condition on registration – impairment – competency – unsatisfactory professional conduct – professional misconduct – protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Mental Health Act 2007 (NSW) Cases Cited: Caladine v Health Care Complaints Commission [2007] NSWCA 362 Chen v Health Care Complaints Commission [2017] NSWCA 186 Grant v Health Care Complaints Commission [2003] NSWCA 73 Health Care Complaints Commission v Astor-Finn [2016] NSWCATOD 73 Health Care Complaints Commission v Attia [2016] NSWCATOD 167 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Perera [2018] NSWCATOD 112 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Re Dr Than Le (Medical Tribunal decision, 20 September 2001) Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Amanda Collins (Respondent) Representation: Solicitors: E Bailey, Health Care Complaints Commission (Applicant) Respondent self represented File Number(s): 2020/304388 Publication restriction: None