Health Care Complaints Commission v Menchin [2022] NSWCATOD 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Menchin [2022] NSWCATOD 77 Hearing dates: 10 March 2022 Date of orders: 11 July 2022 Decision date: 11 July 2022 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member L Carlin, Senior Member J Haines, Senior Member Dr C Berglund, General Member Decision: 1. Under s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW), if Ms Menchin was still registered as a nurse, the Tribunal would have suspended her registration for a period of 4 months from the date of this decision. 2. Under s 149C(4)(c) of the National Law, the Tribunal requires the Nursing and Midwifery Board to record the fact that had Ms Menchin been registered, the Tribunal would have suspended her registration for a period of 4 months from the date of this decision. 3. Ms Menchin is to pay the costs of the Health Care Complaints Commission as agreed or, failing agreement, as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). 4. The disclosure of the name of Patient A which is set out in the Schedule to the complaint is prohibited under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: OCCUPATIONS – HEALTH — Professional registration and discipline —Nurse – Professional boundaries - Unsatisfactory professional conduct Professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) 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 Dr Saeid Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Northern Territory v Sangare [2019] HCA 25 Prakash v Health Care Complaints Commission [2006] NSWCA 153 R v Byrnes & Hopwood [1995] HCA 1 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Callista Elizabeth Menchin (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (No Appearance) File Number(s): 2021/00221408 Publication restriction: Under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure to any person or entity of the name, address or any other identifying information of Patient A is prohibited.