Health Care Complaints Commission v Haines [2022] NSWCATOD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Haines [2022] NSWCATOD 58 Hearing dates: 03 February 2022 Date of orders: 06 June 2022 Decision date: 06 June 2022 Jurisdiction: Occupational Division Before: R Lethbridge SC, Senior Member W Thomas, Senior Member S Smiltnieks, Senior Member B Seth, General Member Decision: 1. Pursuant to s 149C(4)(a) of the Health Practitioner Regulation Law (NSW) if Hellen Wasai Haines (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 one year from the date of this Order. 3. Pursuant to s 149C(4)(c) of the National Law, the Nursing and Midwifery Board of Australia of the Nursing and Midwifery Council of New South Wales is requested to record on the national register maintained by the Australian Health Practitioner Regulation Agency the fact that the Tribunal would have cancelled the Practitioner's registration if she had been registered at the date of the hearing. 4. 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 registration and discipline —Professional Misconduct — Unsatisfactory Professional Conduct 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-Counsel of Medical Education and Registration (1984) 1 QB 750 Briginshaw v Briginshaw (1938) 60 CLR 336 Chen v HCCC [2017] NSWCA 186 Director-General, Department of Aging, Disability and Home Care v Lambert (2009) 74 NSWLR 523 Gautam v HCCC [2021] NSWCA 85 HCCC v Karalasingham [2007] NSWCA 267 HCCC v Litchfield (1997) 41 NSWLR 630 HCCC v Phillipiah [2013] NSWCA 34 Kumar v Legal Services Commissioner [2015] NSWCA 161 Lee v HCCC [2012] NSWCA 80 Lucire v HCCC [2011] NSWCA Pilai v Messiter [No.2] (1989) 16 NSWLR 197 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Hellen Wasai Haines (Respondent) Representation: Counsel: Mr D Pace (Applicant)