Health Care Complaints Commission v Galanto [2022] NSWCATOD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Galanto [2022] NSWCATOD 22 Hearing dates: 22 October 2021 Date of orders: 24 February 2022 Decision date: 24 February 2022 Jurisdiction: Occupational Division Before: R Lethbridge SC, Senior Member S Daley, Senior Member J O'Baugh, Senior Member J Barker, General Member Decision: (1) Pursuant to s.149C(4)(a) of the Health Practitioner Regulation Law (NSW) if Marissa Galanto (the Practitioner) was still registered the Tribunal would have cancelled her registration. (2) Pursuant to s.149C(4)(b) of the National Law, the Practitioner is disqualified from being registered as a nurse for a period of 2 years from the date of this Order. (3) The Practitioner shall pay the costs of the Health Care Complaints Commission of and incidental to these proceedings as agreed or failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH PROFESSIONAL – professional misconduct – unsatisfactory professional conduct – registration surrendered prior to hearing Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Civil Administrative and Tribunal Act 2013 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Allison v General Council of Medical Education and Registration [1984] 1 QB 750 Briginshaw v Briginshaw (1938) 60 CLR 366 Chen v Health Care Complaints Commission [2017] NSWCA 186 HCCC v Guo [2011] NSWNMT 29 HCCC v Saedlounia [2013] NSWNMT 13 Health Care Complaints Commission v Hutchison [2014] NSWCATOD 151 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 at 638 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Philipiah [2013] NSWCA 34 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323; [2007] NSWCA 326 Jautam v Health Care Complaints Commission [2021] NSWSC 85 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Pillai v Messiter [No 2] (1989) 16 NSWLR 197 Prakash v Health Care Complaints Commission [2006] NSWCA 153 R v Byrnes (1995) 183 CLR 501 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Marissa Galanto (Respondent) Representation: Counsel: A Bhasin (Applicant)