Health Care Complaints Commission v Allen [2023] NSWCATOD 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Allen [2023] NSWCATOD 107 Hearing dates: 22 – 23 May 2023 Date of orders: 24 July 2023 Decision date: 24 July 2023 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member L Hunt, Senior Member I McQualter, Senior Member J Barker, General Member Decision: (1) The Respondent is guilty of unsatisfactory professional conduct under s 139B(1)(c) of the Health Practitioner Regulation National Law (NSW) in that the Respondent contravened the condition to which the practitioner's registration was subject. (2) Pursuant to s 149A(1) of the Health Practitioner Regulation National Law (NSW), the Respondent is reprimanded for the unsatisfactory professional conduct referred to in Order 1. (3) The Tribunal imposes the conditions set out in Schedule A to these reasons pursuant to s 149A(1)(b) of the Health Practitioner Regulation National Law (NSW). (4) The Respondent is to pay the Commission's costs as agreed or assessed. (5) The publication of the health conditions imposed by the Tribunal on the Respondent's registration as a nurse is prohibited pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW). (6) The publication or broadcast of the medical reports of Dr F McLeod dated 30 April 2023, of Dr G Dore dated 27 March 2023, and all evidence concerning the contents of those reports is prohibited pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: OCCUPATIONS – nurses – misconduct and discipline – unsatisfactory professional conduct – whether two or more instances of unsatisfactory professional conduct justifies finding of professional misconduct – academic role – whether proposed conditions and critical compliance conditions appropriate for non-clinical casual teaching role – impairment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64(1) Health Care Complaints Act 1993 (NSW), s 90B Health Practitioner Regulation National Law (NSW), ss 5, 139B(1)(c), 139E, 144(d), 149A 149C(1)(b), 150, 150D, 150FA, Sch 5D cl 13 Cases Cited: Caladine v The Commissioner, New South Wales Health Care Complaints Commission [2007] NSWCA 362 Chen v Health Care Complaints Commission (2017) 95 NSWLR 335; [2017] NSWCA 186 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Kim Leanne Allen (a.k.a. O'Leary) (Respondent) Representation: Counsel: S Barnes (Respondent)