Health Care Complaints Commission v Payne [2021] NSWCATOD 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Payne [2021] NSWCATOD 192 Hearing dates: 1 July, 16 August and 27 October 2021 Date of orders: 01 December 2021 Decision date: 01 December 2021 Jurisdiction: Occupational Division Before: O Shub, Senior Member C Sippel, Senior Member W Thomas, Senior Member A Gray, General Member Decision: (1) The registration of the Respondent is cancelled with effect from the date of this decision. (2) The Respondent is not permitted to seek a review of the cancellation for a period of two years from the date of this decision. (3) The Respondent is ordered to pay the costs of the Applicant as assessed or agreed. Catchwords: HEALTH – professional registration and discipline – complaints – enrolled nurse – improper or unethical conduct – misleading information – false medical certificates Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Clyne v NSW Bar Association (1960) 104 CLR 186; [1960] HCA 40 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: Nursing and Midwifery Board of Australia, "Code of Conduct for Nurses" (1 March 2018) Nursing and Midwifery Board of Australia, "Enrolled Nurse Standards of Practice" (1 January 2016) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Karinna Ann Payne (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (Self-Represented) File Number(s): 2020/00354645 Publication restriction: Prohibition of the disclosure of the names of Practitioner A and Practitioner B referred to in the Complaint under s 64(1)(a) of the Civil & Administrative Tribunal Act 2013 (NSW).