Health Care Complaints Commission v Reyes [2023] NSWCATOD 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Reyes [2023] NSWCATOD 57 Hearing dates: 23 February 2023 Date of orders: 28 April 2023 Decision date: 28 April 2023 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member J O'Baugh, Senior Member I McQualter, Senior Member C Gardiner, General Member Decision: 1. The respondent is guilty of unsatisfactory professional conduct under s 139B(1)(b) of the Health Practitioner Regulation National Law (NSW). 2. The respondent is not guilty of professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW). 3. The applicant is to provide submissions on costs to the Tribunal and the respondent within two weeks, with the respondent responding within a further two weeks. The applicant may reply if necessary within a further week. 4. In the first instance, these reasons are to be published to the parties only, and not on NSW Caselaw. This is to allow the respondent the opportunity to seek a non-publication order in relation to par [11]. If he wishes the Tribunal to redact that paragraph, he should provide submissions to the Tribunal within seven days of publication of the reasons to him. The applicant may respond within a further seven days. 5. An order pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the publication or disclosure of the contents of par [11] of these reasons. Catchwords: OCCUPATIONS – nurses – misconduct and discipline – unsatisfactory professional conduct - professional misconduct – appropriate protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Health Practitioner Regulation National Law (NSW), ss 3, 3A, 3B, 5, 139B, 139E, 149A, 149C Cases Cited: Health Care Complaints Commission v Abrams [2021] NSWCATOD 128 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Kaye (No 2) [2022] NSWCATOD 79 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Ly [2010] NSWMT 20 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Saab (No 2) [2020] NSWCATOD 64 Health Care Complaints Commission v Tran [2021] NSWCATOD 82 New South Bar Association v Meakes [2006] NSWCA 340 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Alvin Mascarenas Reyes (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (no appearance) File Number(s): 2022/00253018 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), publication or disclosure of the names of Patient A and Person B listed in the Schedule to the Applicant's Complaint is prohibited.