Health Care Complaints Commission v Payne [2021] NSWCATOD 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Payne [2021] NSWCATOD 145 Hearing dates: 6 May 2021 23 July 2021 (final submissions) Date of orders: 23 September 2021 Decision date: 23 September 2021 Jurisdiction: Occupational Division Before: A Britton, Principal Member T Coombs, Professional Member L Schalk, Professional Member M Ficarra, General Member Decision: (1) Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) Ms Payne's registration as a nurse is cancelled. (2) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW) Ms Payne may not apply for review of the cancellation order for a period of six months. (3) Pursuant to s 61 of the Civil and Administrative Tribunal Act 2013 (NSW) orders 1 and 2 takes effect 60 days after publication of our reasons for decision. Catchwords: HEALTH PRACTITIONER — unauthorised access of health records — unsatisfactory professional conduct — professional misconduct HEALTH PRACTITIONER — protective orders under Health Practitioner Regulation National Law (NSW) — risk of re-offending Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Cody Rae Payne (Respondent) Representation: Health Care Complaints Commission (Applicant) In person (Respondent) File Number(s): 2020/308271 Publication restriction: Pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure and or publication of the name of any person named in the Complaint is prohibited.