Health Care Complaints Commission v FLX [2022] NSWCATOD 185

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v FLX [2022] NSWCATOD 185 Hearing dates: 11 July 2022 Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Occupational Division Before: C Mulvey, Senior Member L Carlin, Senior Member T Azzopardi, Senior Member D Telford, General Member Decision: 1. Complaint One, that FLX ("the practitioner") 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 unsatisfactory professional conduct under s 139B(1)(l) of the National Health Practitioner Regulation Law (NSW), is proved. 3. Complaint Three, that the practitioner is guilty of unsatisfactory professional conduct under s 139B(1)(c) of the National Health Practitioner Regulation Law (NSW), is proved. 4. Complaint Four, that the practitioner is guilty of professional misconduct under s 139E of the National Health Practitioner Regulation Law (NSW), is proved. 5. Pursuant to s 149C(1) of the National Health Practitioner Regulation Law (NSW), the practitioner's registration as a nurse is cancelled. 6. Pursuant to s 149C(7) of the National Health Practitioner Regulation Law (NSW), the practitioner may not apply for review of the cancellation order for a period of twelve months from the date of these orders. 7. Each party is to pay its own costs. Catchwords: HEALTH — Registered health practitioner — whether conduct found to amount to unsatisfactory professional conduct -- whether unsatisfactory professional conduct is sufficiently serious to amount to professional misconduct – appropriate form of protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 HCCC v Aref [2018] NSWCATOD 133 HCCC v Livermore [2021] NSWCATOD 48 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Azzam [2021] NSWCATOD 106 Health Care Complaints Commission v Hutchinson [2014] NSWCATOD 151 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWCA 264 Health Care Complaints Commission v Little [2016] NSWCATOD 146 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Marquinez [2014] NSWCATOD 125 Health Care Complaints Commission v Mikhail [2021] NSWCATOD 103 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Phuoc Loc Le [2022] NSWCATOD 85 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 National Law (HCCC v Greenwood [2011] NSWNMT 13 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Re Dr Tan Thanh Le [2001] NSWMT, 20 September 2001 Shuquan Liu v Health Care Complaints Commission [2018] NSWSC 315 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) FLX (Respondent) Representation: Health Care Complaints (Applicant) Respondent (No appearance) File Number(s): 2022/00084733 Publication restriction: Pursuant to Schedule 5D cl 7(1)(b)(i) of the Health Practitioner Regulation National Law (NSW), the disclosure and or publication of FLX's name (including any identifying information as provided in cl 7(1)(4)) and the practitioner's address and personal details is restricted to the parties and to any other persons or bodies where disclosure is necessary for the effective implementation and administration of the orders made in the proceedings.