Health Care Complaints Commission v Andrews [2021] NSWCATOD 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Andrews [2021] NSWCATOD 148 Hearing dates: 25 June 2021 Date of orders: 21 September 2021 Decision date: 21 September 2021 Jurisdiction: Occupational Division Before: L Pearson, Principal Member A Walsh, Senior Member J Haines, Senior Member M Christensen, General Member Decision: (1) The respondent is guilty of unsatisfactory professional conduct and professional misconduct; (2) The following directions are made: (a) The HCCC is to provide to the Tribunal and to the respondent a statement as to the protective orders it is seeking as a consequence of the finding of unsatisfactory professional conduct and professional misconduct, together with the evidence on which it intends to rely, and submissions, on or before 29 September 2021; (b) The respondent is to provide to the Tribunal and to the HCCC any evidence and submissions in response, on or before 14 October 2021; (c) The HCCC is to provide to the Tribunal and to the respondent any material in reply, on or before 21 October 2021; (d) The parties are to advise the Tribunal, no later than close of business 21 September 2021, of their availability for a Stage 2 hearing to commence at 10.00am on Friday 29 October 2021 for one day by AVL; or provide a range of alternative dates in November 2021. Catchwords: OCCUPATIONS – health practitioner – registered nurse – mental health case manager – personal relationship – unsatisfactory professional conduct – professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (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 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Attia [2016] NSWCATOD 167 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Texts Cited: International Council of Nurses "Code of Ethics for Nurses" 2012 NSW Health "NSW Health Code of Conduct" 2015 Nursing and Midwifery Board of Australia "Registered Nurses Standards for Practice" 2016 Nursing and Midwifery Board of Australia "Code of Professional Conduct for Nurses in Australia" Nursing and Midwifery Board of Australia "Code of Conduct for Nurses" 2018 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Lea Andrews (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) No appearance by respondent File Number(s): 2021/00057863 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 disclosure of the names of Patient A and Person B as set out in the Schedule to the Complaint is prohibited.