Health Care Complaints Commission v Svensson [2022] NSWCATOD 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Svensson [2022] NSWCATOD 187 Hearing dates: 31 March 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Occupational Division Before: R Lethbridge SC, Senior Member K Donovan, Senior Member V Gibson, Senior Member R Wellington, General Member Decision: (1) The Respondent's application pursuant to clause 12 of Schedule 5D of the National Law is dismissed. (2) An order under s 149C(4)(a) of the National Law that if the Practitioner was still registered the Tribunal would have suspended her registration; and (3) An order under s 149C(4)(c) of the National Law that the National Board is required to record the fact that if the Practitioner was still registered, the Tribunal would have suspended her registration in the National Register kept by the Board; (4) An order under clause 13 of Schedule 5D of the National Law that the Practitioner pay the Commission's costs as agreed or assessed. (5) That pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) publication of the names of the patients listed in Schedule A and Schedule B to the Health Care Complaints Commission's Amended Complaint is prohibited. Catchwords: HEALTH — Professional registration and discipline — Professional misconduct - Nursing Practitioner – application to terminate proceedings dismissed – wrongful access to multiple patient records – creation of false patient records Legislation Cited: Health Care Complaints Commission Act 1993 ss 39(2) and 90B(3) Health Practitioners Regulation National Law (NSW) Sch 5D cl 12, s 139B(1)(l), s 139E, s 149C(4)(a) and s 149C(4)(c) Civil and Administrative Tribunal Act 2013 (NSW), s 64 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 366 Crickitt v Medical Council of NSW (No.2) [2015] NSWCATOD 115 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Grygiel (termination application) [2020] NSWCATOD 53 HCCC v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Talmadge [2016] NSWCATOD 16 (3 February 2016) Hill v Medical Council of NSW [2019] NSWCATOD 97 Jautam v Health Care Complaints Commission [2021] NSWSC 85 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Lisa Pauline Svensson (Respondent) Representation: Health Care Complaints Commission (Applicant) File Number(s): 2021/00310997 Publication restriction: Order pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW)