Health Care Complaints Commission v Richardson [2022] NSWCATOD 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Richardson [2022] NSWCATOD 148 Hearing dates: 28 September 2022 Date of orders: 22 November 2022 Decision date: 22 November 2022 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Prof M Chiarella AM, Senior Member S Daly, Senior Member B Seth, 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 164G(2)(a)(1)(l) of the National Health Practitioner Regulation Law (NSW), is proved. 4. Complaint 4, namely that the practitioner is guilty of unsatisfactory professional conduct under s 139B(1)(c)(i) 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 six months from the date of these reasons. 7. The Tribunal proposes to order the respondent to pay the applicant's costs as agreed or as assessed. 8. If the practitioner opposes costs, he must provide submissions to the Tribunal and the Commission by 6 December 2022. 9. The Commission may reply by 20 December 2022. Catchwords: PROFESSIONS AND TRADES – health care professional – nursing – where no appearance by respondent – effect of domestic violence offences Legislation Cited: Crimes Act 1900 (NSW) - s 59(1) Crimes (Sentencing Procedure) Act 1999 (NSW) - s 10(1)(b) Practitioner Regulation National Law (NSW) – ss 130(1), 139B, 144(a), 149A, 149C , 150, 150C and 164G(2) Cases Cited: Clyne v New South Wales Bar Association (1960) 104 CLR 186 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Drakopoulos [2021] NSWCATOD 72 Health Care Complaints Commission v Elliott [2018] NSWCATOD 47 Health Care Complaints Commission v Haasbroek [2018] NSWCATOD 177 Health Care Complaints Commission v Kennedy [2017] NSWCATOD 72 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Murray (No 3) [2019] NSWCATOD 125 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323 Lucire v Health Care Complaints Commission [2011] NSWCA 99 New South Wales Bar Association v Evatt (1968) 117 CLR 177 NSW Bar Association v Meakes [2006] NSWCA 340 Pharmacy Council v Ibrahim [2020] NSWSC 708 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Robert Richardson (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (No appearance) File Number(s): 2022/00126829 Publication restriction: The Tribunal made an order pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), prohibiting the disclosure to any person or entity of the names, addresses or any other identifying information of the persons referred to as Person A and Person B in the Schedule to the Complaint.