Health Care Complaints Commission v Foster [2023] NSWCATOD 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Foster [2023] NSWCATOD 89 Hearing dates: 23 February 2023 Date of orders: 22 June 2023 Decision date: 22 June 2023 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member D Armitage, Senior Member B Monley, Senior Member J Kearney, General Member Decision: (1) Under s 149C(1)(c) and (d) 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 7 years is imposed. (3) Under s 149C(5) of the Health Practitioner Regulation National Law (NSW), the Respondent is prohibited from providing a health service as defined by s 4 of the Health Care Complaints Act 1993 (NSW). (4) 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, failing agreement, as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). (5) Under 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 Patient A in the Schedule to the Health Care Complaints Commission's Complaint and of Patient A's child referred to in these proceedings is prohibited. Catchwords: OCCUPATIONS – nurses – professional registration and discipline – criminal offences and convictions – unsatisfactory professional conduct – failure to notify of charges – unfit in the public interest – not suitable to hold registration – prohibition order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64(1) Crimes Act 1900 (NSW), ss 61KD, 61KF, 66F Health Care Complaints Commission Act 1993 (NSW), s 4 Health Practitioner Regulation National Law (NSW), ss 3, 3A, 55, 130, 139B, 144, 149C, 150, Sch 5D cl 13 Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Istephan (No 2) [2017] NSWCATOD 116 Health Care Complaints Commission v Karunaratne (No 2) [2018] NSWCATOD 201 Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWCA 264 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Jung v R [2017] NSWCCA 24 Lee v Health Care Complaints Commission [2012] NSWCA 80 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 Pell v R [2020] HCA 12 Pharmacy Council v Ibrahim [2020] NSWSC 708 Prakash v Health Care Complaints Commission [2006] NSWCA 153 R v Foster [2021] NSWDC 726 Robinson v R (1999) 197 CLR 162; [1999] HCA 42 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Paul Douglas Foster (Respondent) Representation: Counsel: N Evans (Applicant)