Health Care Complaints Commission v Andrews (No 2) [2021] NSWCATOD 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Andrews (No 2) [2021] NSWCATOD 208 Hearing dates: 29 October 2021 Date of orders: 13 December 2021 Decision date: 13 December 2021 Jurisdiction: Occupational Division Before: L Pearson, Principal Member A Walsh, Senior Member J Haines, Senior Member M Christensen, General Member Decision: (1) Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law, if the respondent were still registered the Tribunal would have cancelled her registration; (2) Pursuant to s 149C(4)(b) of the Health Practitioner Regulation National Law, the respondent is disqualified from being registered in the profession of nursing for a period of 18 months; (3) Pursuant to s 149C(4)(c) of the Health Practitioner Regulation National Law, the Nursing and Midwifery Board of Australia is to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board; (4) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law, an application for review may not be made by the respondent until after 18 months from the date of the Tribunal's decision; (5) Pursuant to cl 13 of Sch 5D of the Health Practitioner Regulation National Law the respondent is to pay the Health Care Complaints Commission's costs of the proceedings, as agreed or assessed. Catchwords: OCCUPATIONS – health practitioner – registered nurse – findings of unsatisfactory professional conduct and professional misconduct – protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Andrews [2021] NSWCATOD 148 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Vito Zepinic v Health Care Complaints Commission [2020] NSWSC 13 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.