Wu v Nursing and Midwifery Board of Australia [2021] NSWCATOD 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wu v Nursing and Midwifery Board of Australia [2021] NSWCATOD 183 Hearing dates: 24 May 2021, 25 June 2021 and 15 September 2021 Date of orders: 15 November 2021 Decision date: 15 November 2021 Jurisdiction: Occupational Division Before: The Hon J Boland AM, Deputy President I McQualter, Senior Member D Robertson, Senior Member A Gray, General Member Decision: (1) The decision of the Nursing and Midwifery Board of Australia is confirmed. (2) The appeal filed on 25 January 2021 is dismissed. (3) Yan Wu shall pay the costs of the Nursing and Midwifery Board of Australia as agreed or failing agreement as assessed pursuant to the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: OCCUPATIONS — Nurses —qualifications and registration Legislation Cited: Aged Care Act 1997 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Criminal Records Act 1991 (NSW) Health Practitioner Regulation National Law Legal Profession Uniform Law Application Act 2014 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chinese Medicine Board of Australia v Lee [2014] QCA 149 FDR v Medical Council of New South Wales [2021] NSWCATOD 168. Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 McMahon v Nursing and Midwifery Tribunal of NSW [2013] NSWNMT 4 Sullivan v Civil Aviation Authority (2014) 226 FCR 555; [2014] FCAFC 93 Transcon Holding Pty Ltd v Aged Care Quality and Safety Commissioner [2020] AATA 90 Texts Cited: Nurses and Midwifery Board of Australia, 'Fact sheet: Re-entry to practice' (11 February 2019) Nurses and Midwifery Board of Australia, 'Policy: Re-entry to practice for nurses and midwives' (11 February 2019) Nursing and Midwifery Board of Australia 'Registration Standard: Criminal History' (1 July 2015) Nursing and Midwifery Board of Australia, 'Registered Nurses Standards for Practice' (1 June 2016). Nursing and Midwifery Board of Australia, 'Registration standard: Recency of Practice' (1 June 2016) Category: Principal judgment Parties: Yan Wu (Appellant) Nursing and Midwifery Board of Australia (Respondent) Representation: Counsel: M Minucci (Respondent)