Health Care Complaints Commission v Mlotshwa [2022] NSWCATOD 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mlotshwa [2022] NSWCATOD 140 Hearing dates: 15 August 2022 Date of orders: 16 November 2022 Decision date: 16 November 2022 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member J O'Baugh, Senior Member S Smiltnieks, Senior Member Dr C Berglund, General Member Decision: 1 Complaint One, namely that the respondent has been convicted of criminal offences in New South Wales, is proved. 2 Complaint Two, namely that the respondent is guilty of unsatisfactory professional conduct under s 139B(1)(b) of the National Health Practitioner Regulation Law (NSW), is proved. 3 Complaint Three, namely that the respondent is guilty of unsatisfactory professional conduct under s 139B(1)(l) of the National Health Practitioner Regulation Law (NSW), is proved. 4 Complaint Four, namely that that the respondent is guilty of professional misconduct under s 139E of the National Health Practitioner Regulation Law (NSW), is proved. 5 The respondent's registration as a nurse is cancelled. 6 The respondent may not apply for review of the cancellation order for a period of three years. 7 The respondent is prohibited from providing health services as defined in s 4 of the Health Care Complaints Act 1993 (NSW) pursuant to s 149C(5) of the Health Practitioner Regulation National Law until further order on review under s 163A. 8 The respondent to pay the applicant's costs as agreed or as assessed. Catchwords: PROFESSIONS AND TRADES – health care professional – nursing – where practitioner admits he is guilty of unsatisfactory professional conduct but not professional misconduct – appropriate protective orders Legislation Cited: Crimes Act 1900 (NSW) – ss 93T, 193B Health Practitioner Regulation National Law (NSW) - ss 3, 3A, 5, 138, 139B, 139E, 144, 149A and 149C Cases Cited: Ex Parte Tziniolis; Re Medical Practitioners Act (1966) 6 SR (NSW) 448 Health Care Complaints Commission v Abrams [2021] NSWCATOD 128 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Azzam [2021] NSWCATOD 106 Health Care Complaints Commission v Chen (No 2) [2021] NSWCATOD 174 Health Care Complaints Commission v Collins [2021] NSWCATOD 132 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Gupta [2022] NSWCATOD 141 Health Care Complaints Commission v Karalasingham [2019] NSWCATOD 23 Health Care Complaints Commission v Karunaratne (No 2) [2018] NSWCATOD 201 Health Care Complaints Commission v Kaye (No 2) [2022] NSWCATOD 79 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Le [2021] NSWCATOD 104 Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Menz (No. 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Moslemi [2020] NSWCATOD 2 Health Care Complaints Commission v Oladiran [2020] NSWCATOD 56 Health Care Complaints Commission v Petros [2019] NSWCATOD 83 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Picones [2018] NSWCATOD 56 Health Care Complaints Commission v Reid [2018] NSWCATOD 162 Health Care Complaints Commission v Saab (No 2) [2020] NSWCATOD 64 Health Care Complaints Commission v Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Shrimpton (No 2) [2019] NSWCATOD 48 Health Care Complaints Commission v Tran [2021] NSWCATOD 82 Health Care Complaints Commission v Turner [2016] NSWCATOD 163 Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323; [2007] NSWCA 326 Health Care Complaints Commission v Wood [2020] NSWCATOD 60 New South Bar Association v Meakes [2006] NSWCA 340 NSW Bar Association v Meakes [2006] NSWCA 340 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Re Dr Than Le [2001] NSWMT, 20 September 2001 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Vusumuzi Arthur Mlotshwa (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2022/00057844