Health Care Complaints Commission v Gott [2023] NSWCATOD 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Gott [2023] NSWCATOD 54 Hearing dates: 6 March 2023 Date of orders: 02 May 2023 Decision date: 02 May 2023 Jurisdiction: Occupational Division Before: S Dunn, Senior Member M Chiarella, Senior Member (Professional) R Langstaff, Senior Member (Professional) B Seth, General Member Decision: (1) Pursuant to s 149A(1)(a) of the Health Practitioner Regulation National Law (National Law), the Respondent is reprimanded. (2) Pursuant to s 149C(1)(c) of the National Law, the registration of the Respondent as a registered nurse is suspended for a period of six months. (3) Pursuant to s 149A(1)(b) of the National Law, upon the expiration of the suspension of her registration, the Respondent's registration is subject to the following practice conditions for a period of twelve months: (a) The Respondent is not to be the nurse in charge of any shift, ward, or unit; (b) The Respondent is not to work as the sole practitioner on any shift; (c) The Respondent is to practise under indirect close supervision in accordance with the Nursing and Midwifery Council of New South Wales (Council) regulatory supervision policy (as varied from time to time) and as subsequently determined by the Council and: (i) Must nominate a supervisor for approval with the Council 14 days prior to commencing work or as specified by the Council; (ii) Must authorise the approved supervisor to provide written reports to the Council (which meet the standards required by the Council) at quarterly intervals, or as specified by the Council for a minimum cumulative period of 12 months and until the Council advises the Respondent otherwise in writing. (d) The Respondent is not to practise until a supervisor has been approved by the Council and has been provided with a copy of this decision. (e) The Respondent is to forward evidence to the Council within seven days of her employment as a nurse, or any change in her employment, that she has provided a copy of this decision to her employer. (4) The Council is the appropriate review body to review these conditions. (5) Sections 125-127 of the National Law are to apply whilst the Respondent's principal place of practice is anywhere in Australia other than New South Wales so that a review of these conditions can be conducted by the Nursing and Midwifery Board of Australia. (6) Under clause 13 of Schedule 5D of the National Law, the Respondent is to pay the HCCC's costs as agreed or assessed. Catchwords: HEALTH – professional registration and discipline – unsatisfactory professional conduct – nurse – practitioner pleaded guilty and convicted of criminal offence – evidence inconsistent with facts underlying conviction – whether circumstances of the offence render the practitioner unfit in the public interest to practise – appropriate protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64(1) Crimes Act 1900 (NSW), ss 156, 192E(1)(b), 308C(1) Crimes (Administration of Sentences) Act 1999 (NSW) Health Practitioner Regulation National Law (NSW), ss 3-3B, 5, 125-127, 130, 139B(1)(b), 144, 149, 149A, 149C(1)(c), 150(1) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Gayed v Walton [1997] NSWCA 121 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dowla (No 2) [2019] NSWCATOD 156 Health Care Complaints Commission v FLJ [2023] NSWCATOD 7 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Health Care Complaints Commission v McAlpine [2022] NSWCATOD 92 Health Care Complaints Commission v Morris [2022] NSWCATOD 120 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Karimi v Medical Council of New South Wales [2017] NSWCATOD 180 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 Pridgeon v Medical Council of New South Wales [2022] NSWCA 60 Qasim v Health Care Complaints Commission [2015] NSWCA 282 R v Gott (Local Court (NSW), Feather LCM, 9 March 2022, unrep) Sudath v Health Care Complaints Commission [2012] NSWCA 171 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Naomi Louise Gott (Respondent) Representation: Counsel: E Lambert (Applicant)