Health Care Complaints Commission v Scheggetman [2023] NSWCATOD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Scheggetman [2023] NSWCATOD 48 Hearing dates: 27 March 2023 Date of orders: 18 April 2023 Decision date: 18 April 2023 Jurisdiction: Occupational Division Before: O Shub, Senior Member S Smiltnieks, Senior Member Dr L Gregory, Senior Member R Wellington, General Member Decision: (1) An order under s 149C(4)(a) of the National Law that if the practitioner was still registered the Tribunal would have cancelled his registration. (2) An order under s 149C(4)(b) of the National Law that he is disqualified from being registered in the profession of nursing for 12 months. (3) An order under s 149C(4)(c) of the National Law that the Nursing and Midwifery Board of Australia is required to record the fact that if the practitioner was still registered the Tribunal would have cancelled his registration in the National Register kept by the Board. (4) An order under clause 13 of Schedule 5D of the National Law that the Respondent pay the Applicant's costs as agreed or assessed. (5) An order under ss 64(1)(a) and 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), that publication of the names of Person B and Patient A referred to in this decision is prohibited, and publication of the evidence in paragraphs 1 and 2 of Tab 9 of Exhibit 1 is prohibited. Catchwords: OCCUPATIONS – nurses – misconduct and discipline – professional misconduct – criminal charge and conviction – failure to notify – larceny and theft Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 3B, 149C(4), Sch 5D cl 13 Civil and Administrative Tribunal Act 2013 (NSW), ss 64(1)(a), 64(1)(c) Crimes Act 1900 (NSW), ss 117, 192E(1)(b), 192J 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) Samuel Gerrit John Scheggetman (Respondent) Representation: Counsel: I Chatterjee (Applicant)