Health Care Complaints Commission v Whittle [2022] NSWCATOD 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Whittle [2022] NSWCATOD 163 Hearing dates: 24 November 2022 Date of orders: 9 December 2022 Decision date: 09 December 2022 Jurisdiction: Occupational Division Before: H J Dixon, Senior Member Dr L Hunt, Senior Member S Daly, Senior Member Dr C Berglund, General Member Decision: (i) The Respondent is guilty of unsatisfactory professional conduct under section 139B(1)(l) of the Health Practitioner Regulation National Law 2009 (NSW) in that the Respondent has engaged in improper and unethical conduct relating to the practice or purported practice of nursing. (ii) The Respondent is guilty of unsatisfactory professional conduct under section 139B(1)(b) of the Health Practitioner Regulation National Law 2009 (NSW) in that the Respondent has contravened section 164G(2)(a) of the Health Practitioner Regulation National Law 2009 (NSW). (iii) The Respondent is guilty of unsatisfactory professional conduct under section 139B(1)(e) of the Health Practitioner Regulation National Law 2009 (NSW) in that the Respondent has contravened section 34A of the Health Care Complaints Act ('the HCC Act'). (iv) The Respondent is guilty of unsatisfactory professional conduct under section 139B(1)(c) of the Health Practitioner Regulation National Law 2009 (NSW) in that the Respondent has contravened conditions to which the practitioner's registration was subject. (v) The Respondent is guilty of professional misconduct under section 139E of the Health Practitioner Regulation National Law 2009 (NSW) in that the Respondent has: (i) Engaged in more than one instance of unsatisfactory professional conduct that, when the instances are considered together, amount to conduct of a sufficiently serious nature to justify the suspension or cancellation of the practitioner's registration. Catchwords: Professions and trades – health care professional – nursing – whether practitioner guilty of unsatisfactory professional conduct and professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013; Health Care Complaints Act 1993; Health Practitioner Regulation National Law (NSW); Cases Cited: Amie Mac v Bank of Queensland Limited and Others [2015] FWC 774 Briginshaw v Briginshaw (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 95 NSWLR 334 HCCC v Fisher [2016] NSWCATOD 62 HCCC v Phung (No 1) [2012] 1 NSWDT Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Litchfield (1997) NSWLR 630' [1997] NSWSC 297 Health Care Complaints Commission v Morsingh [2021] NSWCATOD 1315 Health Care Complaints Commission v Segal [2022] NSWCATOD 71 Neat Holdings Pty Ltd v Karajin Holdings Pty Ltd (1992) 110 CLR 445 Sullivan v Civil Aviation Authority (2014) 226 FCR 555 Vitality Works Australia Pty Ltd v Yelda (No 2) [2021] NSWCATAP 66 Texts Cited: NSW Health Code of Conduct Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Richard Whittle (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (No appearance)