Health Care Complaints Commission v Mediavillo [2022] NSWCATOD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mediavillo [2022] NSWCATOD 39 Hearing dates: 21 March 2022 Date of orders: 12 April 2022 Decision date: 12 April 2022 Jurisdiction: Occupational Division Before: G Furness SC, Senior Member L Campbell, Senior Member J Haines, Senior Member J Kearney, General Member Decision: 1. Pursuant to s149A(1)(a) of the National Law the practitioner is reprimanded. 2. Pursuant to s149A(1)(a) of the National Law the following conditions are imposed on the practitioner's registration: a. To advise the Nursing and Midwifery Council of NSW in writing at least seven (7) days prior to changing the nature or place of practice. b. Not to undertake agency nursing. c. Not to work as the sole practitioner on any shift, ward or unit. d. Not to have supervisory responsibility for any other health practitioner or student whether registered or not. e. Not to work night duty (between 10.00 pm and 6.00 am). f. Within seven (7) days of the end of each calendar month, the practitioner to provide the Nursing and Midwifery Council of NSW with a copy of all nursing/midwifery rosters for the preceding calendar month. g. To only administer any medications under the direct supervision of a registered nurse (division 1) who has no conditions on his or her registration. h. To practice under indirect close supervision in accordance with the Nursing and Midwifery Council of New South Wales regulatory supervision policy (as varied from time to time) and as subsequently determined by the appropriate review body. (a) to nominate a supervisor for approval by the Council, within 14 days of commencing work or as specified by the Council. (b) to authorise the approved supervisor to provide written reports to the Council at monthly intervals, or as specified by the Council. i. To forward evidence to the Nursing and Midwifery Council of NSW within seven (7) days of commencing employment that the practitioner has provided a copy of full conditions to his nursing employer/s and/ or employment agencies through which he provides professional services. j. The practitioner is to forward evidence to the Nursing and Midwifery Council of NSW within seven days of the publication of these reasons that he has provided a copy of the Tribunal decision to his nursing employer/s. k. The practitioner is to authorise the Nursing and Midwifery Council of NSW to exchange information with current and future persons or organisations at places where the practitioner works as a nurse/midwife in Australia, regarding any issues arising in relation to compliance with these conditions. l. The practitioner must only be employed as a nurse/midwife in circumstances where the employer has agreed to notify the Council of any breach of the conditions or unsafe practice; and exchange information with the Council related to compliance with the conditions. m. To satisfactorily complete within 6 months of the date of this decision, education approved by the Nursing and Midwifery Council of NSW and that has the following characteristics: i. Obligations under the Nursing and Midwifery Board of Australia Code of Conduct for Nurses, the ICN's Code of Ethics for Nurses and the Nurses and Midwifery Board of Australia's Registered Nurse Standards for Practise; ii. Medication safety; and iii. Reporting adverse events. n. Within one month of completing the approved courses, the practitioner is to provide documentary evidence of satisfactory completion to the Council. o. To bear responsibility for any costs incurred in meeting this condition. p. The appropriate review body for the purpose of a review under section 163 -163C of the Health Practitioner Regulation National Law is the Nursing and Midwifery Council of NSW when the practitioner has a principal place of practice in NSW. q. Sections 125 and 127 of the Health Practitioner Regulation National Law are to apply while the practitioner's principal place of practice is anywhere in Australia other than NSW, so that a review of these conditions can be conducted by the Nursing and Midwifery Board of Australia. 3. The practitioner is to pay the HCCC's costs as agreed or as assessed. Catchwords: HEALTH – admissions - finding professional misconduct - finding unsatisfactory professional conduct - Registered Nurse - medication error - falsifying progress notes - delayed reporting - improper and unethical conduct - costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336, [1938] HCA 34 Clyne v New South Wales Bar Association (1960) 104 CLR 186 Health Care Complaints Commission v Akhurst [2016] NSWCATOD 70 Health Care Complaints Commission v Dudhela [2021] NSWCATOD 59 Health Care Complaints Commission v Fisher [2016] NSWCATOD 62 Health Care Complaints Commission v Ford [2021] NSWCATOD 20 Health Care Complaints Commission v Konigson [2021] NSWCATOD 186 Health Care Complaints Commission v Litchfield (1997) NSWLR 630; [1997] NSWSC 297 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Livermore [2021] NSWCATOD 48 Health Care Complaints Commission v McLean [2016] NSWCATOD 111 Health Care Complaints Commission v Philpiah [2013] NSWCA 342 Health Care Complaints Commission v Phung (No 1) [2012] NSWDT 1 Health Care Complaints Commission v Picones [2018] NSWCATOD 56 Health Care Complaints Commission v Shipley [2020] NSWCATOD 128 Health Care Complaints Commission v Vergara [2010] NSWNMT 11 Health Care Complaints Commission v Willis [2018] NSWCATOD 136 Category: Principal judgment Parties: Health Care Complaints Commission (applicant) Kim Zen Mayor Mediavillo (respondent) Representation: Solicitors: E Bayley, solicitor (applicant) Self-represented (respondent) File Number(s): 2021/00251118 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the names of the persons and patients listed in the Schedule to the complaints the subject of the application is prohibited.