Health Care Complaints Commission v Clarke [2022] NSWCATOD 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Clarke [2022] NSWCATOD 146 Hearing dates: 31 October 2022, 1 – 3 November 2022 Date of orders: 17 November 2022 Decision date: 17 November 2022 Jurisdiction: Occupational Division Before: The Hon D A Cowdroy, AO KC, Principal Member S Daly, Senior Member J O'Baugh, Senior Member C Berglund, General Member Decision: (1) The respondent's registration as a nurse be cancelled pursuant to s 149C(1)(a) of the National Law with a non-review period of 3 years. (2) The respondent be prohibited from providing a health service, as defined in s 4 of the Health Care Complaints Act 1993, including the provision of teaching of nursing, for the same period as the non-review period imposed; (3) The respondent pay the Commission's costs under clause 13 of Schedule 5D of the National Law, and of the reserved costs in respect of the application before the Tribunal on 26 May 2022. Catchwords: PROFESSIONS AND TRADES – health care professionals – registered nurse – whether registered nurse suffers from an impairment – whether registered nurse is competent to practise. Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law Mental Health Act 2007 (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 BronzeWing International Pty Ltd v Safework NSW [2017] NSWCA 41 Clarke v Adams [2021] NSWSC 1665 Clarke v Nursing and Midwifery Council [2017] NSWCATOD 163 Clarke v Nursing and Midwifery Council of New South Wales [2021] NSWCATOD 32 Clarke v Nursing and Midwifery Council of New South Wales [2022] NSWSC 15 Clarke v New South Wales Nurses and Midwives Association (The Union) [2022] NSWSC 349 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Mazzaferro [2011] NSWMT 9 Health Care Complaints Commission v Philipia [2013] NSWCA 342 Health Care Complaints Commission v Spirziola [2022] NSWCATOD 118 Latoudis v Casey (1990) 170 CLR 534; Northern Territory v Sangare [2019] HCA 25; 265 CLR 164 NSW Medical Board v Dinaker [2009] NSWMT 8 Ohn v Walton (1995) 36 NSWLR 77 Qasim v HCCC [2015] NSW CA 282 South Eastern Sydney Local Health District v Clarke [2021] NSWSC 63 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Sharmain Daisy Clarke (Respondent) Representation: Counsel: A Petrie (Applicant)