Health Care Complaints Commission v Wilton [2023] NSWCATOD 153

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wilton [2023] NSWCATOD 153 Hearing dates: 26, 27 April 2023, 3 August 2023 Date of orders: 23 October 2023 Decision date: 23 October 2023 Jurisdiction: Occupational Division Before: S Dunn, Senior Member S Schulz-Robinson, Senior Member J O'Baugh, Senior Member R Leontini, General Member Decision: 1. Pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (National Law) the registration of Vicki Wilton (Respondent) as a nurse is cancelled. 2. Pursuant to s 149C(7) the Respondent may not apply for a review of Order 1 for a period of 6 months from the date of these orders. 3. Under clause 13 of Schedule 5D of the National Law the Respondent is to pay the Health Care Complaints Commission's costs as agreed or assessed. Catchwords: HEALTH – professional registration and discipline – nurse – boundary violations - unsatisfactory professional conduct – improper or unethical conduct – professional misconduct – was the conduct of a sufficiently serious nature to justify suspension or cancellation of the Respondent's registration – appropriate protective orders - cancellation of registration Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Health Practitioner Regulation National Law (NSW), ss 139B, 139E and 149C 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] NSWCA 186 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Gayed v Walton [1997] NSWCA 121 Health Care Complaints Commission v Andrews [2021] NSWCATOD 208 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 Grygiel [2019] NSWCATOD 123 Health Care Complaints Commission v Litchfield [1997] NSWCA 264; [1997] NSWLR 630 at 638. Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v McAlpine [2022] NSWCATOD 92 Health Care Complaints Commission v Moses (No 2) [2019] NSWCATOD 190 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 Vito Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Vicki Louise Wilton (Respondent) Representation: Counsel: S McCarthy (Applicant)