Health Care Complaints Commission v Day [2022] NSWCATOD 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Day [2022] NSWCATOD 134 Hearing dates: 14 September 2022; submissions 15, 20 September 2022 Date of orders: 27 October 2022 Decision date: 27 October 2022 Jurisdiction: Occupational Division Before: L Pearson, Principal Member S Smiltnieks, Senior Member M D Gorman, Senior Member J Barker, General Member Decision: (1) The Respondent is guilty of unsatisfactory professional conduct as defined in s 139B(1)(a) of the Health Practitioner Regulation National Law (NSW); (2) The matter is to be listed for hearing as to what, if any, protective orders should be made as a consequence of the Tribunal's findings, on a date to be fixed having regard to the availability of the parties and their representatives; (3) The following directions are made: (a) The HCCC is to provide to the Tribunal and the Respondent notice of any protective orders sought as a consequence of the Tribunal's findings, and any further evidence and submissions, on or before 14 November 2022; (b) The Respondent is to provide to the Tribunal and the HCCC any further evidence and submissions in response, on or before 28 November 2022; (c) The HCCC is to provide to the Tribunal and the respondent any further material in reply, on or before 5 December 2022; (d) The parties are to provide to the Tribunal their available dates for a Stage 2 hearing, and estimate of hearing duration, by 14 November 2022; (e) The proceeding will be listed for a Stage 2 hearing on a date after 5 December 2022. Catchwords: HEALTH – Professional registration and discipline – enrolled nurse – allegation of unsatisfactory professional conduct and professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Attia v Health Care Complaints Commission [2017] NSWSC 1066 Chen v Health Care Complaints Commission [2017] NSWCA 186 Fraser v Health Care Complaints Commission [2015] NSWCA 421 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Grygiel (Stay application) [2019] NSWCATOD 123 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWCA 264 Health Care Complaints Commission v Little [2016] NSWCATOD 146 Health Care Complaints Commission v Phuoc Loc Le [2022] NSWCATOD 85 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Shuquan Liu v Health Care Complaints Commission [2018] NSWSC 315 Category: Principal judgment Parties: Health Care Complains Commission (Applicant) Sara Ellen Day (Respondent) Representation: Counsel: L Thomas (Applicant) Solicitors: Health Care Complaints Commission (Applicant) L Toose (NSW Nurses and Midwives Association) (Respondent) File Number(s): 2020/112544 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act, publication of the name of the patient set out in the complaint and the Schedule to the complaint is prohibited. Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, publication of the name of the individual referred to as "the CNS D&A" is prohibited. Note: A reference to the name of a person includes a reference to any information, picture or material that identifies the person or is likely to identify the person.