Health Care Complaints Commission v Franco [2023] NSWCATOD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Franco [2023] NSWCATOD 86 Hearing dates: 24 May 2023 Date of orders: 19 June 2023 Decision date: 19 June 2023 Jurisdiction: Occupational Division Before: T Simon, Principal Member L Hunt, Senior Member J Haines, Senior Member Dr R Leontini, General Member Decision: (1) If the respondent were still registered, the Tribunal would have cancelled her registration. (2) The respondent is disqualified from being registered in the profession of nursing for a period of 2 years from these orders. (3) The Nursing and Midwifery Board of Australia is to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board. (4) The respondent is prohibited from providing any health service as defined in section 4 of the Health Care Complaints Act 1993 (NSW) until such time that she is re-registered as a registered nurse. (5) The respondent is to pay the Health Care Complaints Commission's costs of the proceedings, as agreed or assessed. Catchwords: HEALTH – professional registration – enrolled nurse – conviction – appropriate protective orders – prohibition orders – costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Crimes Act 1900 (NSW), ss 192E(1)(b), 193C Evidence Act 1995 (NSW), s 178 Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW), ss 144(a), 149A-149C, 150, Sch 5D cll 2, 13 Cases Cited: Bauskis v Liew [2013] NSWCA 297 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208 Forster v Hunter New England Area Health Service (2010) 77 NSWLR 495; [2010] NSWCA 106 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Roxana Franco (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2023/00008063 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), publication of the name of the patient set out in the complaint is prohibited.