Health Care Complaints Commission v McCosker [2023] NSWCATOD 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v McCosker [2023] NSWCATOD 87 Hearing dates: 23 March 2023 Date of orders: 21 June 2023 Decision date: 21 June 2023 Jurisdiction: Occupational Division Before: R Lethbridge SC, Senior Member S Daly, Senior Member D Robertson, Senior Member M Christensen, General Member Decision: (1) That pursuant to s 149C(1)(b) of the National Law, the Practitioner's registration is cancelled. (2) That pursuant to s 149C(7) of the National Law, an Application for Review of the order cancelling the Practitioner's registration pursuant to Division 8 of the National Law may not be made for a period of two years from the date of these Orders. (3) That pursuant to s 149C(5)(a) of the National Law, the Practitioner is prohibited from providing any health services until registered as a health practitioner. (4) That pursuant to clause 13 of Schedule 5D of the National Law, the Practitioner pay the costs of the Health Care Complaints Commission as agreed or assessed. (5) A non-publication order under s.64 of the Civil Administrative Tribunal Act 2013 (NSW) be made prohibiting publication of the diagnosis of the Practitioner and the immediate cause of the condition diagnosed upon her admission to Lismore Base Hospital on 14 January 2019. Catchwords: OCCUPATIONS – nurses – misconduct and discipline – professional misconduct – substance abuse (alcohol) –assault guilty finding – registration suspended – conditions not met – non-compliance with remedial requirements – registration cancelled Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Health Care Complaints Act 1993 (NSW), s 90B(1) Health Practitioner Regulation National Law (NSW), ss 5, 139, 139B, 139E, 144, 145F, 149C, 150, 165J(3), 176D, Sch 5D cl 13 Cases Cited: Allinson v General Council of Medical Education and Registration [1984] 1 QB 750 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission (2017) 95 NSWLR 335; [2017] NSWCA 186 Clyne v NSW Bar Association (1960) 104 CLR 186; [1960] HCA 40 Gayed v Walton [1997] NSWSC 279 Grove v Favel (1986) 43 SASR 410 Health Care Complaints Commission v Collins [2021] NSWCATOD 132 Health Care Complaints Commission v Dr DWF [2019] NSWCATOD 78 Health Care Complaints Commission v Elliott [2017] NSWCATOD 20 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWSC 29 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Prakash v Health Care Complaints Commission [2006] NSWCA 153 The Queen v Byrnes (1995) 183 CLR 501; [1995] HCA 1 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Fiona Ann McCosker (Respondent) Representation: Counsel: A Bhasin (Applicant)