Health Care Complaints Commission v Morris [2022] NSWCATOD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Morris [2022] NSWCATOD 120 Hearing dates: 1 September 2022 Date of orders: 18 October 2022 Decision date: 18 October 2022 Jurisdiction: Occupational Division Before: S Dunn, Senior Member D Armitage, Senior Member J Haines, Senior Member R Leontini, General Member Decision: (1) Pursuant to section 149C(4)(a) of the National Law the NSW Civil and Administrative Tribunal decides that if the Respondent were still registered the NSW Civil and Administrative Tribunal would have cancelled her registration. (2) Pursuant to section 149C(4)(b) of the National Law the NSW Civil and Administrative Tribunal decides that the Respondent is disqualified from being registered as a registered nurse for 2 years. (3) Pursuant to section 149C(4)(c) of the National Law the National Board is required to record the fact that if the Respondent were still registered, the NSW Civil and Administrative Tribunal would have cancelled her registration in the National Register kept by the Board. (4) Under section 149C(5) and (5A) of the National Law the Respondent is prohibited from providing any health service as defined in section 4 of the Health Care Complaints Act 1993 (NSW) (Health Care Complaints Act) until such time as she is re-registered as a registered nurse. (5) The Nursing and Midwifery Council of New South Wales is the appropriate review body to review Order 4. (6) Under clause 13 of Schedule 5D of the National Law the Respondent is to pay the Commission's costs as agreed or assessed. Catchwords: HEALTH – professional registration and discipline – nurse – practitioner convicted of criminal offences – whether circumstances of the offences render the practitioner unfit in the public interest to practise – whether satisfied the person poses a substantial risk to the health of members of the public Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Ltd v Safework NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Gayed v Walton [1997] NSWCA 121 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Chen (No 2) [2021] NSWCATOD 174 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Commission v Hutchinson [2014] NSWCATOD 151 Health Care Complaints Commission v Karunaratne (No 2) [2018] NSWCATOD 201 Health Care Complaints Commission v Kaye [2022] NSWCATOD 24 Health Care Complaints Commission v Kazeme [2020] NSWCATOD 25 Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v McAlpine [2022] NSWCATOD 92 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commissions v Picones [2018] NSWCATOD 56 Health Care Complaints Commission v Russ [2021] NSWCATOD 5 Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323; [2007] NSWCA 326 Health Care Complaints Commission v Wood [2020] NSWCATOD 60 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Pridgeon v Medical Council of New South Wales [2022] NSWCA 60 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Fiona Morris (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (Self-represented) File Number(s): 2022/00176194 Publication restriction: Nil