Health Care Complaints Commission v McPherson [2022] NSWCATOD 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v McPherson [2022] NSWCATOD 158 Hearing dates: 14 November 2022 Date of orders: 6 December 2022 Decision date: 06 December 2022 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member I McQualter, Senior Member Dr L Hunt, Senior Member B Seth, General Member Decision: 1. Complaint One, 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. 2. Complaint Two, that the practitioner is guilty of professional misconduct under s 139E of the of the National Health Practitioner Regulation Law (NSW), in that the practitioner has engaged in unsatisfactory professional conduct of a sufficiently serious nature to justify the suspension or cancellation of the practitioner's registration, is proved. 3. The respondent's registration as a nurse is cancelled. 4. The respondent may not apply for review of the cancellation order for a period of six months. 5. If either party opposes an order that the practitioner pays the Commission's costs as agreed or as assessed, they are to provide submissions to the Tribunal and the other party within 7 days from the date of publication. 6. The other party may reply within 14 days from the date of publication. Catchwords: PROFESSIONS AND TRADES – health care professional – nursing – where practitioner admits he is guilty of unsatisfactory professional conduct and professional misconduct – appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW) - ss 3, 3A, 5, 138, 139B, 139E, 144, 149A and 149C Mental Health Act 2007 (NSW) Cases Cited: Health Care Complaints Commission v Abrams [2021] NSWCATOD 128 Health Care Complaints Commission v Azzam [2021] NSWCATOD 106 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Gupta [2022] NSWCATOD 141 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Le [2021] NSWCATOD 104 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Ly [2010] NSWMT 20 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Saab (No 2) [2020] NSWCATOD 64 Health Care Complaints Commission v Tran [2021] NSWCATOD 82 New South 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 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Peter McPherson (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) NSW Nurses and Midwives Association (Respondent) File Number(s): 2022/00196900 Publication restriction: A non-publication order pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) is made in respect of the person identified as Person A in the Schedule attached to the Complaint.