Health Care Complaints Commission v McCarthy [2021] NSWCATOD 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v McCarthy [2021] NSWCATOD 201 Hearing dates: 7-8 October 2021; 22 October, 5, and 12 November 2021 (written submissions) Date of orders: 9 December 2021 Decision date: 09 December 2021 Jurisdiction: Occupational Division Before: The Hon F Marks Principal Member Dr L Gregory Senior Member M Rowles Senior Member B Seth General Member Decision: (1) We find that each of Complaints One, Two, Three and Four has been made out (2) The proceedings are stood over to a date to be fixed for the Stage 2 hearing, with liberty to apply in this regard. Catchwords: HEALTH – professional registration and discipline – complaints – nurse – failure to report criminal offences and convictions – held removed ATM card and forcibly obtained PIN number and withdrew monies from account of patient without consent – held lied to NSW Police and in criminal court proceedings – finding of professional misconduct –– proceedings stood over for Stage 2 hearing to determine appropriate protective orders. Legislation Cited: Health Practitioner Regulation National Law (NSW) No 86a of 2009 ss 41,130, 139B, 139E,144, 165H Cases Cited: Health Care Complaints Commission v Holbrook [2019] NSWCATOD 146 Health Care Complaints Commission v Drakopoulos [2021] NSWCATOD 72 Chamberlain v R (No 2) [1984] HCA 7; (1984) 153 CLR 521 Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Do [2014] NSWCA 307 Chen v Health Care Complaints Commission [2017] NSWCA 186 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Percy McCarthy (Respondent) Representation: Counsel: S McCarthy (Applicant)