Health Care Complaints Commission v Williamson [2023] NSWCATOD 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Williamson [2023] NSWCATOD 117 Hearing dates: 27 March 2023, 6 July 2023 Date of orders: 04 August 2023 Decision date: 04 August 2023 Jurisdiction: Occupational Division Before: S Dunn, Senior Member T Azzopardi, Senior Member M Rowles, Senior Member D Telford, General Member Decision: (1) Pursuant to section 149C(4)(a) of the National Law the NSW Civil and Administrative Tribunal (Tribunal) decides that if the Respondent were still registered the Tribunal would have cancelled her registration. (2) Pursuant to section 149C(4)(b) of the National Law the Tribunal decides that the Respondent is disqualified from being registered in the nursing profession for one year from the date of these orders. (3) Pursuant to section 149C(4)(c) of the National Law the National Board is required to record the fact that if the Respondent were still registered, the Tribunal would have cancelled her registration in the National Register kept by the Board. (4) Under clause 13 of Schedule 5D of the National Law, the Respondent is to pay 85% of the HCCC's costs, other than any costs incurred after 27 March 2023, as agreed or assessed. Catchwords: HEALTH – professional registration and discipline – nurse – unsatisfactory professional conduct – improper or unethical conduct – professional misconduct – was the conduct of a sufficiently serious nature to justify suspension or cancellation of the practitioner's registration – competence to practise – cancellation of registration Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 50, 64(1)(a) Health Practitioner Regulation National Law (NSW), ss 3, 3A, 3B, 5, 139, 139B, 139E, 144, 145E, 145F, 149, 149C, 150, 164G, 165J Poisons and Therapeutic Goods Act 1966 (NSW), ss 4, 8(6), 16, 17A, Sch 4 Poisons and Therapeutic Goods (Poisons List) Proclamation 2016 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW), cll 61, 101 Therapeutic Goods Act 1989 (Commonwealth) Therapeutic Goods (Poisons Standard—February 2023) Instrument 2023 (Commonwealth) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336, [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Gayed v Walton [1997] NSWCA 121 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dobie (No 2) [2022] NSWCATOD 153 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWCA 264 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v McAlpine [2022] NSWCATOD 92 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Caroline Anne Williamson (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (no appearance) File Number(s): 2022/00203044 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the names of the patients set out in the Schedule to the Complaint is prohibited