Cammarata (nee Payne) v Health Care Complaints Commission [2022] NSWCATOD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cammarata (nee Payne) v Health Care Complaints Commission [2022] NSWCATOD 143 Hearing dates: 31 October 2022 Date of orders: 15 November 2022 Decision date: 15 November 2022 Jurisdiction: Occupational Division Before: The Hon Jennifer Boland AM, Deputy President Professor Emerita M Chiarella AM, Senior Member D Armitage, Senior Member M Christensen, General Member Decision: 1. Pursuant to s 163B of the Health Practitioner Regulation National Law (the National Law) a reinstatement order is made in respect of Cody Cammarata (nee Payne) (the practitioner) subject to the following conditions: (a) the practitioner is not to practise nursing until she successfully completes, at her expense, an undergraduate unit in Law and Ethics in the School of Nursing at the University of her choice (the course) and (b) provides evidence to the Nursing and Midwifery Council of New South Wales of her satisfactory completion of the course. 2. The Nursing and Midwifery Council of New South Wales is the appropriate review body in respect of Order 1 of these orders. 3. In the event that the practitioner resides other than in New South Wales then s 125-127A of the National Law shall apply. 4 The practitioner shall pay the costs of and incidental to the application of the Health Care Complaints Commission as agreed and failing agreement as assessment under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH – Professional registration and discipline – registration – Application for a re-instatement order. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW). Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Bahramy v Medical Council of New South Wales [2014] NSWCATOD 116 Chen v Medical Council of New South Wales [2021] NSWCATOD 33 Health Care Complaints Commission v Payne [2021] NSWCATOD 145 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Peter Harcourt Dawson v Law Society of NSW [1989] NSWSC 335 Ristevski v Medical Council of New South Wales [2016] NSWCATOD 16. Shah v HCCC [2014] NSWCATOD 94 Vito Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Zepinic v Health Care Complaints Commission (No 2) [2018] NSWCATOD 16 Texts Cited: Nil Category: Principal judgment Parties: Cody Cammarata (nee Payne) (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: S McCarthy (Respondent)