Health Care Complaints Commission v Estilo [2023] NSWCATOD 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Estilo [2023] NSWCATOD 38 Hearing dates: 20 February 2023 Date of orders: 30 March 2023 Decision date: 30 March 2023 Jurisdiction: Occupational Division Before: O Shub, Senior Member A Bizzotto, Senior Member I McQualter, Senior Member M Ficarra, General Member Decision: (1) The Respondent is severely reprimanded for his conduct in respect of Case No. 2022/00249131. (2) The Respondent is to pay the costs of the Applicant as agreed or assessed, pursuant to cl 13 of Schedule 5D of the National Law. Catchwords: OCCUPATIONS – nurses – misconduct and discipline – professional misconduct – criminal offence – admission of guilt – improper or unethical conduct relating to the practice or purported practice of the practitioner's profession Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(a) Crimes Act 1900 (NSW), s 61KC(1)(a) Crimes (Administration of Sentences) Act 1999 (NSW) Health Practitioner Regulation National Law (NSW), s 3B, Sch 5D cl 13 Cases Cited: Clyne v NSW Bar Association (1960) 104 CLR 186, [1960] HCA 40 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Anthony III Laguda Estilo (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) New South Wales Nurses and Midwives' Association (Respondent) File Number(s): 2022/00249131 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, publication of the name of the victim referred to in this decision is prohibited.