Health Care Complaints Commission v Dizon [2023] NSWCATOD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dizon [2023] NSWCATOD 49 Hearing dates: 3 April 2023 Date of orders: 26 April 2023 Decision date: 26 April 2023 Jurisdiction: Occupational Division Before: The Hon D Cowdroy AO KC, Principal Member I McQualter, Senior Member J Haines, Senior Member J Sillince, General Member Decision: (1) Pursuant to section 149C(1)(b) of the Health Practitioner Regulation National Law (NSW), the Respondent's registration as a nurse is cancelled with a non-review period of 12 months. (2) Pursuant to clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW), the Respondent is to pay the Applicant's costs of and incidental to the proceedings as agreed or assessed. (3) Pursuant to section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication or disclosure of the name of Patient A listed in the Schedule to the Complaint and referred to in these proceedings is prohibited. Catchwords: HEALTH – professional registration and discipline – unsatisfactory professional conduct – professional misconduct – nurse engaging in unethical conduct – failing to provide appropriate care for patient Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(a) Health Practitioner Regulation National Law (NSW), ss 3B, 139B(1), 139E, 149C(1)(b), 150(1)(a), 165J(3), Sch 5D cl 13 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Mazzaferro [2011] NSWMT 9 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 NSW Medical Board v Dinakar [2009] NSWMT 8 Ohn v Walton (1995) 36 NSWLR 77 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Geraldine Lumba Dizon (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (no appearance) File Number(s): 2022/00320363 Publication restriction: Pursuant to section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), an order is made prohibiting the publication or disclosure of the name of Patient A listed in the Schedule to the Complaint and referred to in these proceedings.