Health Care Complaints Commission v Chauwan [2023] NSWCATOD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chauwan [2023] NSWCATOD 78 Hearing dates: 21 November 2022 Date of orders: 9 June 2023 Decision date: 09 June 2023 Jurisdiction: Occupational Division Before: R Lethbridge SC, Senior Member D Armitage, Senior Member Dr L Gregory, Senior Member A Gray, General Member Decision: (1) That the Practitioner remain under remote supervision as a condition of his nursing registration. (2) That the Nursing and Midwifery Council (NSW) be and is appointed as the appropriate review body for this condition. (3) That pursuant to s 149A(2) of the National Law, the Practitioner be cautioned with respect to his breach of s 130(1) of the National Law. (4) That pursuant to Clause 13 of s 5D of the National Law, the Practitioner pay the costs of the Health Care Complaints Commission as agreed or assessed. (5) The Tribunal notes that an order pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW) was on 21 November 2022 made in relation to the disclosure and/or publication of the name of Person A in the Schedule to the Health Care Complaints Commission's Amended Complaint. Catchwords: Health – nurse – found guilty sexual touching – Crimes Act 1900 – s 61KC(i) – circumstances not work related – sentence reduced on appeal Legislation Cited: Health Care Complaints Commission Act 1993 Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Crickitt v Medical Council of NSW (No.2) [2015] NSWCATOD 115 Pharmacy Council v Ibraham [2020] NSWSC 708 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Krishna Bahadur Chauwan (Respondent) Representation: Solicitors J Mitchell (Legal Officer Health Care Complaints Commission) (Applicant) B Thompson (Legal Officer NSW Nurses & Midwives Association) (Respondent) File Number(s): 2022/00214911 Publication restriction: That pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure and/or publication of the name of the person identified as Person A in the Schedule to the Health Care Complaints Commission's Amended Complaint is prohibited.