Health Care Complaints Commission v Marks [2021] NSWCATOD 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Marks [2021] NSWCATOD 151 Hearing dates: 10 September 2021 Date of orders: 23 September 2021 Decision date: 23 September 2021 Jurisdiction: Occupational Division Before: The Hon F Marks Principal Member S Daly Senior Member J Barker General Member Decision: (1) consequent upon our finding that the respondent is guilty of professional misconduct we determine that if the respondent were still registered we would have cancelled her registration (2) the respondent is disqualified from being registered in the nursing and midwifery profession for a period of 2 years (3) we ask that the Registrar inform the Nursing and Midwifery Board of Australia that we require it to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board. (4) the respondent is to pay the costs of the applicant assessed in default of agreement. Catchwords: OCCUPATIONS – Nurses – Misconduct and discipline – disciplinary proceedings – findings of multiple incidents of misconduct – held constituted professional misconduct – respondent no longer registered – held would have cancelled registration if registered – consequential orders including costs order made. EVIDENCE — Opinion evidence — Exceptions — Expert opinion – expert report did not comply with Procedural Directions – discretion exercised in the particular circumstances of the proceedings to admit report and accord it full weight. Legislation Cited: Health Practitioner Regulation National Law (NSW) ss 139B,139E,149C,165C Nurses and Midwives Act 1991 (NSW) s 4 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Karissa Louise Marks (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) No appearance (Respondent) File Number(s): 2021/00113485 Publication restriction: Non-publication order of the names of the persons identified in the proceedings as patients A and B and any other patient of the respondent also so identified and any material which might tend to identify any such persons.