Health Care Complaints Commission v Day (No 2) [2023] NSWCATOD 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Day (No 2) [2023] NSWCATOD 23 Hearing dates: 31 January 2023 Date of orders: 14 March 2023 Decision date: 14 March 2023 Jurisdiction: Occupational Division Before: L Pearson (Principal Member) S Smiltnieks (Senior Member) M D Gorman (Senior Member) J Barker (General Member) Decision: 1. The respondent is issued a caution under s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW). 2.The following conditions are imposed on the respondent's registration, pursuant to s 149A(1)(b) of the Health Practitioner Regulation National Law (NSW): (1) To satisfactorily complete within 12 months of 14 March 2023 education approved by the Nursing and Midwifery Council of New South Wales and that has the following characteristics: i. type of institution: vocational ii. content or learning objectives: professional obligations, clinical communication, handover and assessments communication; iii. course duration: the course is to be not less than 2 hours. (2) To bear responsibility for any costs incurred in meeting this condition/order. (3) The Nursing and Midwifery Council is the appropriate review body for the purposes of Division 8 of the Health Practitioner Regulation National Law (NSW). (4) Sections 125 to 127 of the Health Practitioner Regulation National Law are to apply whilst the practitioner's principal place of practice is anywhere in Australia other than in New South Wales, so that a review of these conditions can be conducted by the Nursing and Midwifery Board of Australia. 3. The respondent is to pay 40% of the costs of the Health Care Complaints Commission, as agreed or assessed. Catchwords: HEALTH – professional registration and discipline – enrolled nurse – finding of unsatisfactory professional conduct – appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Day [2022] NSWCATOD 134 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Lord [2019] NSWCATOD 182 Health Care Complaints Commission v Nguyen [2022] NSWCATOD 127 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Stratten [2022] NSWCATOD 126 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Sara Ellen Day (Respondent) Representation: Counsel: L Thomas (Applicant)