Health Care Complaints Commission v McCarthy (No 2) [2022] NSWCATOD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v McCarthy (No 2) [2022] NSWCATOD 14 Hearing dates: 31 January 2022 Date of orders: 11 February 2022 Decision date: 11 February 2022 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) Pursuant to section 149C(4)(a) of the Health Practitioner Regulation National Law (the National Law), the Tribunal decides that if the respondent were still registered it would have cancelled her registration as a nurse practitioner. (2) Pursuant to section 149C(4)(b) of the National Law the respondent is disqualified from being registered as a nurse practitioner for a period of 4 years from the date of these orders.. (3) the review body under section 163A is the Tribunal. (4) the respondent is prohibited from providing health services as defined in section 4 of the Health Care Complaints Act pursuant to section 149C(5) of the Health Practitioner Regulation National Law until further order on review under section 163A. (5) the Registrar is requested to notify the Nursing and Midwifery Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1, 2, 3, and 4 above. (6) the respondent is to pay the costs of the applicant to be assessed in default of agreement having regard to the matters referred to in [60] of this decision, and with respect to which we grant liberty to apply which must be exercised within two months of this date. 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 – registration cancelled – non-review period of four years – prohibition of providing health services – costs order made Legislation Cited: Health Care Complaints Act 1993 s 4 Health Practitioner Regulation National Law (NSW) No 86a of 2009 ss 3A,130,139B,139E,144, 149A,149C,163A Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Drakopoulos [2021] NSWCATOD 72 Health Care Complaints Commission v Percy McCarthy [2021] NSWCATOD 201 Lee v Health Care Complaints Commission [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (applicant) Percy McCarthy (respondent) Representation: Counsel: S McCarthy (applicant)