Health Care Complaints Commission v GBX [2023] NSWCATOD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v GBX [2023] NSWCATOD 143 Hearing dates: 03 July 2023 Date of orders: 06 October 2023 Decision date: 06 October 2023 Jurisdiction: Occupational Division Before: R Lethbridge SC, Senior Member T-M Anderson, Senior Member E Moore, Senior Member M Maher, General Member Decision: 1. That pursuant to ss.149C(1)(b) and 149C(1)(c) of the National Law, the Respondent's registration to practice as a Registered Nurse is cancelled from the date of this order. 2. That pursuant to ss.149C(7) of the National Law, the Respondent may not make an application under Division 8 of the National Law for a period of two (2) years from the date of this order. 3. That the Respondent pay the Commission's costs as agreed or assessed pursuant to Clause 13 of Schedule 5D of the National Law. 4. That pursuant to s.64 of the Civil and Administrative Tribunal Act 2013, disclosure of the name or names of the persons listed in the Schedule attached to the Amended Complaint filed by the Commission on 30 June 2023 is prohibited. 5. That pursuant to s.64 of the Civil and Administrative Tribunal Act 2013, publication of the name of the Respondent is prohibited and further publication of the Respondent's personal health information contained in documents filed with the Tribunal and/or contained in documents placed before the Tribunal in evidence is prohibited and access to those documents is restricted to the parties and their legal representatives. Catchwords: Health – occupational division, nursing, criminal conviction – larceny, prescription pads from employer – forgery – professional misconduct Cases Cited: Health Care Complaints Commission v Bakarich [2019] NSWCATOD 158 at [61]. Health Care Complaints Commission v Chen [2021] NSWCATOD 210 at [40]. Health Care Complaints Commission v Do [2014] NSWCA 307 at [35]. Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 at [67]. Health Care Complaints Commission v Russ [2021] NSWCATOD 5 at [42]. NSW Bar Association v Meakes [2006] NSWCA 340 at [113]-[114]. Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) GBX (Respondent) Representation: Counsel: K Sharma (Applicant)