Health Care Complaints Commission v Bautista [2023] NSWCATOD 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bautista [2023] NSWCATOD 65 Hearing dates: 26 April 2023 Date of orders: 22 May 2023 Decision date: 22 May 2023 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member A Cummins, Senior Member J Harrington, Senior Member R Kusuma, General Member Decision: (1) Under s 149C(1)(c) of the Health Practitioner Regulation National Law (NSW), the registration of the Respondent is cancelled. (2) Under s 149C(7) of the Health Practitioner Regulation National Law (NSW), a non-review period of 12 months is imposed. (3) Under clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW), the Respondent is to pay the Applicant's costs as agreed or assessed. Catchwords: OCCUPATIONS – nursing – misconduct and discipline – criminal conviction – failure to notify of charges and conviction Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Crimes Act 1900 (NSW), s 61M(2) Health Care Complaints Act 1993 (NSW), s 90B(1) Health Practitioner Regulation National Law (NSW), ss 3A, 5, 55, 109, 130, 139B, 144, 149C, Sch 5D cl 13, Sch 7 cl 7 Cases Cited: Chen v Health Care Complaints Commission (2017) 95 NSWLR 335; [2017] NSWCA 186 HCCC v Chowdhury [2015] NSWCATOD 65 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v FLJ [2023] NSWCATOD 7 Health Care Complaints Commission v Lidman [2020] NSWCATOD 48 Health Care Complaints Commission v Morris [2022] NSWCATOD 120 Health Care Complaints Commission v Sbirziola [2022] NSWCATOD 118 Pridgeon v Medical Council of New South Wales [2022] NSWCA 60 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Rey Adiarte Bautista (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (no appearance) File Number(s): 2022/00313402 Publication restriction: On 26 April 2023, a non-publication order was made by the Tribunal under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the disclosure of the name of Person A or the mother of Person A set out in the Schedule to the complaint.