Health Care Complaints Commission v Massey (aka Goodbee) [2023] NSWCATOD 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Massey (aka Goodbee) [2023] NSWCATOD 166 Hearing dates: 4 September 2023 Date of orders: 17 November 2023 Decision date: 17 November 2023 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member E Moore, Senior Member D Gorman, Senior Member A Gray, General Member Decision: (1) Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) the Respondent's registration is suspended for a period of six months. (2) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW) an application for review of Order (1) under Division 8 of the Health Practitioner Regulation National Law (NSW) may not be made until the expiry of a period of six months from the date of this decision. (3) There is imposed on the Respondent's registration as a nurse practitioner the following conditions: Education (a) Provide evidence to the Nursing and Midwifery Council within 3 months after the expiry of the suspension period, that the practitioner has enrolled in the education course "Medications: How we do it better" provided by the New South Wales Nursing and Midwives' Association. (b) Provide evidence to the Nursing and Midwifery Council within 6 months after the expiry of the suspension period that the practitioner has successfully completed the education course described in (a). (c) If the course described in (a) is unavailable, they must propose to the Council for approval a similar course to be undertaken in accordance with the requirements of this condition and provide a written explanation as to the reasons why they are making this proposal, by no later than 3 months after the expiry of the suspension period. Health care & treatment (a) The practitioner is to attend for treatment by a general practitioner of her choice within 3 months after the expiry of the suspension period. Thereafter the frequency of attendance is to be determined by the treating general practitioner. The practitioner: i. is to authorise the treating practitioner to inform the Nursing and Midwifery Council of any of the following: • Failure to attend for treatment; • Termination of treatment; • A significant change in health status (including a significant temporary change). ii. Must provide the Council with the professional details of the treating general practitioner. Supervision (a) To practise under Indirect Supervision in accordance with the Nursing and Midwifery Council of New South Wales regulatory supervision policy (as varied from time to time) and as subsequently determined by the appropriate review body, i. to nominate a supervisor for approval by the Council, within 14 days of commencing work or as specified by the Council. ii. to authorise the approved supervisor to provide written reports to the Council at monthly intervals, or as specified by the Council. iii. to authorise the Council to provide nominated and approved supervisors with a copy of relevant decisions. (b) Not to practise until a supervisor has been approved by the Nursing and Midwifery Council of NSW; (c) The administration or dispensing and recording of drugs or medications to patients must in all instances be counter-signed by another nursing practitioner employed by the practitioner's employer at the relevant time. Employment (a) The practitioner is prohibited from undertaking agency nursing. (b) The practitioner is required to provide a copy of the reasons for decision in this matter, and a copy of these orders, to all current and future employers. (4) Pursuant to Clause 13 of Schedule 5D of the Health Practitioner Regulation 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 Health Practitioner Board of conviction – unsatisfactory professional conduct and professional misconduct Legislation Cited: Crimes (Sentence and Procedure) Act 1999, s 8 Health Practitioner Regulation National Law (NSW), ss 3(2), 3A, 5, 130, 139B, 139E, 144, 149A, 149C(1), 150, 150C, cl 13 of Sch 5D Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Konigson [2021] NSWCATOD 186 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Quasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: None Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Jane Elizabeth Massey (aka Jane Elizabeth Goodbee) (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (Self represented) File Number(s): 2022/00272433 Publication restriction: It is noted that on 4 September 2023 the Tribunal made the following order: