Health Care Complaints Commission v Cele [2021] NSWCATOD 221

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Cele [2021] NSWCATOD 221 Hearing dates: 1 November 2021 Date of orders: 24 December 2021 Decision date: 24 December 2021 Jurisdiction: Occupational Division Before: O Shub, Senior Member J Wiggins, Senior Member W Thomas, Senior Member J Houen, General Member Decision: (1) Pursuant to s 149C(1) of the National Law the Respondent's registration is cancelled from the date of publication of this decision. (2) Pursuant to s 149C(7) of the National Law the Respondent is not permitted to apply for a review of the cancellation order 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 by negotiation. Catchwords: HEALTH — Professional registration and discipline — Breach of conditions — Enrolled nurse — Failure to notify employer of conditions — Failure to notify National Board of employment Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Bronze Wing International Pty Ltd v Safe Work NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 at [20] Clyne v NSW Bar Association (1960) 104 CLR 186 at 201- 202; [1960] HCA 40 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 at [26] Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 at 637, 638 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 at [54] and [55] Health Care Complaints Commission v Luque [2019] NSWCATOD 129 at [71] Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Picones [2018] NSWCATOD 56 at [104] Latoudis v Casey (1990) 170 CLR 534 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 at 171 Prakash v Health Care Complaints Commission [2006] NSWCA 153 at [91] Qasim v Health Care Complaints Commission [2015] NSWCA 282 at [72], [85] The Queen v Byrnes (1995) 183 CLR 501 at 514 Grove v Flavel (1986) 43 SASR 410 at 420 Texts Cited: Nursing and Midwifery Board of Australia, 'Code of Conduct for Nurses' (March 2018) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Cynthia Nomanono Cele (Respondent) Representation: Counsel: D New (Applicant)