Health Care Complaints Commission v Ambut [2023] NSWCATOD 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ambut [2023] NSWCATOD 114 Hearing dates: 20 October 2022 Date of orders: 01 August 2023 Decision date: 01 August 2023 Jurisdiction: Occupational Division Before: R Lethbridge SC, Senior Member I McQualter, Senior Member T Coombs, Senior Member J Sillince, General Member Decision: (1) That pursuant to s 149C(4)(a) of the National Law, if the Practitioner were still registered the Tribunal would have suspended that registration for a period of nine months. (2) That pursuant to s 149C(4)(c) of the National Law, the Tribunal requires the National Board to record the fact that the Tribunal would have suspended the Practitioner's registration in the National Register kept by the Board. (3) 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. (4) That pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the names of Person A and Person B set out in the Schedule to the Amended Complaint filed by the Health Care Complaints Commission on 17 October 2022 is prohibited. Catchwords: OCCUPATIONS – nurses – misconduct and discipline – professional misconduct – drug removed from employer's premises to administer to friend – removal initially denied but later admitted - unregistered practitioner – would have suspended registration Legislation Cited: Civil Administrative Tribunal Act 2013 (NSW), ss 38(2), 64 Health Care Complaints Act 1993 (NSW), s 90B(1) Health Practitioner Regulation National Law (NSW), ss 3, 3A, 139E, 149C, Sch 5D cll 2, 7 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Gayed v Walton [1997] NSWSC 279 Health Care Complaints Commission v Dr DWF [2019] NSWCATOD 78 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWSC 29 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Hamish Alexander Lee Ambut (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Macdessi Lawyers (Respondent) File Number(s): 2022/00157110 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure to any person or entity of the names of Person A and Person B set out in the Schedule to the Amended Complaint is prohibited.