Health Care Complaints Commission v FQZ [2023] NSWCATOD 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v FQZ [2023] NSWCATOD 122 Hearing dates: 17 April 2023 Date of orders: 14 August 2023 Decision date: 14 August 2023 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member I McQualter, Senior Member J O'Baugh, Senior Member R Kusama, General Member Decision: (1) Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW) that if the Respondent were still registered, the Tribunal would have cancelled his registration. (2) Pursuant to s 149C(4)(b) of the Health Practitioner Regulation National Law (NSW) the Respondent is disqualified from being registered as a nurse for a period of 3 years. (3) Pursuant to s 149C(4)(c) of the Health Practitioner Regulation National Law (NSW), the Nursing and Midwifery Board of Australia is to record the fact that the Tribunal would have cancelled the Respondent's registration in the National Register kept by the Board. (4) Pursuant to cl 13 of Schedule 5D of the Health Practitioner National Law (NSW), the Respondent is to pay the Health Care Complaints Commission's costs of the proceedings, as agreed or assessed. Catchwords: Occupations – nurses – misconduct and discipline – criminal conviction – failure by the practitioner to notify the National Board where the National Board and other regulatory agencies aware of the charges immediately after being laid – practitioner not renewing registration Legislation Cited: Child Protection (Working With Children) Act 2012, s 9 Crimes Act 1900, ss 61E(2), 61D(1), 66A Health Care Complaints Act 1993 (NSW), ss 4, 90B(1) Health Practitioner Regulation National Law (NSW), ss 55, 130, 139B(1)(b), 139E, 139G, 144, 149C, Sch 5D cl 13 Cases Cited: Gayed v Walton [1997] NSWCA 121; Ghosh v Health Care Complaints Commission [2020] NSWCA 353; 104 NSWLR 107; Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173; Health Care Complaints Commission v Bautista [2023] NSWCATOD 65; Health Care Complaints Commission v Howe [2010] NSWMT 12; Health Care Complaints Commission v Limboro [2018] NSWCATOD 117; Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; Health Care Complaints Commission v Marsh [2016] NSWCATOD 155; Health Care Complaints Commission v Philipiah [2013] NSWCA 342; Health Care Complaints Commission v Phuoc Loc Le [2022] NSWCATOD 85; NSW Bar Association v Meakes [2006] NSWCA 340; Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: None Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) FQZ (Respondent) Representation: Health Care Complaints Commission (Applicant) FQZ (In person) File Number(s): 2022/00379525 Publication restriction: On 19 December 2022 the following orders were made: