Health Care Complaints Commission v Balagtas (No 2) [2023] NSWCATOD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Balagtas (No 2) [2023] NSWCATOD 26 Hearing dates: 27 January 2023 Date of orders: 14 March 2023 Decision date: 14 March 2023 Jurisdiction: Occupational Division Before: L Pearson, Principal Member J O'Baugh, Senior Member S Schulz-Robinson, Senior Member J Barker, General Member Decision: (1) The respondent is reprimanded, pursuant to s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW). (2) The respondent's registration is suspended for a period of three months from the date of these orders, pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW). (3) The respondent is to pay the costs of the Health Care Complaints Commission, as agreed or assessed. Catchwords: HEALTH – professional registration and discipline – registered nurse – findings of unsatisfactory professional conduct and professional misconduct – protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 Health Care Complaints Commission v Balagtas [2022] NSWCATOD 125 Health Care Complaints Commission v Dowla (No 2) [2019] NSWCATOD 156 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 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 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Francis Bernard Balagtas (Respondent) Representation: Counsel: L Thomas (Applicant)