Health Care Complaints Commission v FXH [2023] NSWCATOD 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v FXH [2023] NSWCATOD 106 Hearing dates: 15 June 2023 Date of orders: 20 July 2023 Decision date: 20 July 2023 Jurisdiction: Occupational Division Before: T Simon, Principal Member I McQualter, Senior Member Dr L Gregory, Senior Member R Wellington, General Member Decision: (1) The respondent's registration is cancelled with a non-review period of 4 years from the date of this order. (2) The respondent is prohibited from providing any health service as defined in section 4 of the Health Care Complaints Act 1993 (NSW) for a period of 4 years from the date of the making of this order. (3) The respondent is to pay the Health Care Complaints Commission's costs of the proceedings, as agreed or assessed. (4) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication or broadcast of the name of the respondent is prohibited. The respondent is to be known by the pseudonym "FXH". Catchwords: HEALTH – professional registration and discipline – registered nurse – conviction – unsatisfactory professional conduct – the practitioner's fitness to practise nursing – appropriate protective orders – prohibition orders – costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Crimes Act 1900 (NSW), s 91H(2) Evidence Act 1995 (NSW), s 178 Health Care Complaints Act 1993 (NSW), s 4 Health Practitioner Regulation National Law (NSW), ss 3, 130, 139B, 144, 149A-149C, Sch 5D cll 2, 13 Cases Cited: Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 Forster v Hunter New England Area Health Service (2010) 77 NSWLR 495; [2010] NSWCA 106 HCCC v Piper [2014] NSWCATOD 62 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 Elshaimy [2019] NSWCATOD 17 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) FXH (Respondent) Representation: Counsel: C Akthar (Applicant)