Health Care Complaints Commission v Akawee [2023] NSWCATOD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Akawee [2023] NSWCATOD 115 Hearing dates: 8 - 9 May 2023 Date of orders: 3 August 2023 Decision date: 03 August 2023 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member A Bennett, Senior Member P McAsey, Senior Member B Seth, General Member Decision: 1. Complaint One is established, in that the respondent is guilty of unsatisfactory professional conduct under s 139B(1)(a) of the Health Practitioner Regulation National Law (NSW). 2. Complaint Two is established, in that the respondent is guilty of unsatisfactory professional conduct under s 139B(1)(l) of the Health Practitioner Regulation National Law (NSW). 3. Complaint Three is established, in that the respondent is guilty of professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW). 4. Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) the registration of the respondent is cancelled. 5. The respondent may not make an application for review of Order (4) for a period of 12 months from the date of these orders. 6. By consent, the respondent is to pay the applicant's costs as agreed or as assessed. Catchwords: PROFESSIONS AND TRADES – health care professional – nursing – unsatisfactory professional conduct - professional misconduct – appropriate protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(a) Health Practitioner Regulation National Law (NSW), ss139(1)(a), 139(1)(l),149A and 149C Cases Cited: Health Care Complaints Commission v Abrams [2021] NSWCATOD 128 Health Care Complaints Commission v Aref [2018] NSWCATOD 133 Health Care Complaints Commission v Azzam [2021] NSWCATOD 106: Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Elliott [2018] NSWCATOD 47 Health Care Complaints Commission v Gupta [2022] NSWCATOD 141 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65. Health Care Complaints Commission v Le [2021] NSWCATOD 104 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Ly [2010] NSWMT 20 Health Care Complaints Commission v McPherson [2022] NSWCATOD 158 Health Care Complaints Commission v Saab [2019] NSWCATOD 179 Health Care Complaints Commission v Saab (No 2) [2020] NSWCATOD 64 Health Care Complaints Commission v Sadek (No 2) [2018] NSWCATOD 90 Health Care Complaints Commission v Tran [2021] NSWCATOD 82 New South Bar Association v Meakes [2006] NSWCA 340 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Slezak, Dr Peter [2011] NSWMPSC 10 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Yoseph Akawee (Respondent) Representation: Counsel: A Britt (Applicant) T Flaherty (Respondent)