Health Care Complaints Commission v Robson [2023] NSWCATOD 88

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Robson [2023] NSWCATOD 88 Hearing dates: 13 April 2023 Date of orders: 21 June 2023 Decision date: 21 June 2023 Jurisdiction: Occupational Division Before: R Lethbridge SC, Senior Member A Cummins, Senior Member J Harrington, Senior Member J Houen, General Member Decision: (1) Pursuant to s 149C(1)(c) of the National Law, the Practitioner's registration is cancelled. (2) Pursuant to s 149C(7) of the National Law, an Application for Review of the Order cancelling the Practitioner's registration under Division 8 may not be made for a period of 2 years from the date of these Orders. (3) 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. (4) Pursuant to s 64 of the Civil Administrative Tribunal Act 2013 (NSW), disclosure of the name of the person listed in the Schedule to the Health Care Complaints Commission's Amended Application for Disciplinary Findings and Orders filed 16 March 2023 is prohibited. Catchwords: OCCUPATIONS – nurses – misconduct and discipline – professional misconduct – assault on patient – criminal conviction – conditional release order imposed –suspended registration cancelled Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38(2), 64 Crimes Act 1900 (NSW), s 61 Crimes (Sentencing Procedure) Act 1999 (NSW), s 9 Health Care Complaints Act 1993 (NSW), s 90B(1) Health Practitioner Regulation National Law (NSW), ss 130, 139B, 144, 149C, 176D, Sch 5D cll 6(3), 13 Cases Cited: Clyne v NSW Bar Association (1960) 104 CLR 186; [1960] HCA 40 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Health Care Complaints Commission v Elliott [2017] NSWCATOD 20 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWSC 29 Lindsay v Health Care Complaints Commission [2005] NSWCA 356 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Robson v R (District Court (NSW), Bright J, 25 August 2021, unrep) Sudarth v Health Care Complaints Commission (2012) 84 NSWLR 474; [2012] NSWCA 171 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Lisa Margaret Robson (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (no appearance) File Number(s): 2022/00284467 Publication restriction: Pursuant to s 64 of the Civil Administrative Tribunal Act 2013 (NSW), disclosure of the name of the person listed in the Schedule to the Health Care Complaints Commission's Amended Application for Disciplinary Findings and Orders filed 16 March 2023 is prohibited.