Deeley v Health Care Complaints Commission [2023] NSWCATOD 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Deeley v Health Care Complaints Commission [2023] NSWCATOD 167 Hearing dates: 16 August 2023 Date of orders: 17 November 2023 Decision date: 17 November 2023 Jurisdiction: Occupational Division Before: C Mulvey, Senior Member S Smiltnieks, Senior Member C Sippel, Senior Member A Gray, General Member Decision: (1) Pursuant to s 163B of the Health Practitioner Regulation National Law (the National Law) a reinstatement order is made in respect of Robert Deeley (the practitioner) subject to the following conditions: a. the Applicant is not to be the nurse in charge of any shift, ward or unit; b. the Applicant is not to work as the sole practitioner on any shift; c. the Applicant is to practice under indirect close supervision in accordance with the Nursing and Midwifery Council of New South Wales (Council) Regulatory Supervision Policy (as varied from time to time) and as subsequently determined by the Council and: - must nominate a supervisor for approval with the Council 14 days prior to commencing work or as specified by the Council; - must authorise the approved supervisor to provide written reports to the Council (which meet the standards required by the Council) at quarterly intervals, or as specified by the Council for a minimum cumulative period of 12 months and until the Council advises the Applicant otherwise in writing. d. the Applicant is not to practice until a supervisor has been approved by the Council and has been provided with a copy of this decision; e. the Applicant is to forward evidence to the Council within 7 days of his employment as a nurse, or any change in his employment, that he has provided a copy of this decision to his employer; f. the Council is the appropriate review body to review these conditions; g. to authorise the Nursing and Midwifery Council of NSW to exchange information with current and future persons or organisations at any places where the Applicant works as a health practitioner in Australia of any issues arising in relation to compliance with these conditions. (2) The Nursing and Midwifery Council of New South Wales is the appropriate review body in respect of order (1) of these orders. (3) In the event that the practitioner resides other than in New South Wales then s 125-127A of the National Law shall apply. (4) The practitioner shall pay the costs of the Health Care Complaints Commission of and incidental to the application as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: OCCUPATIONS – nurses – reinstatement application – whether onus established – whether reformation, rehabilitation and insight established Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Donnelly v Health Care Complaints Commission [2014] NSWCATOD 155 Ex parte Tziniolis; Re Medical Practitioners Act (1966) 67 SR (NSW) 448 Forster v Hunter New England Area Health Service (2010) 77 NSWLR 495; [2010] NSWCA 106 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 CLR 445; [1992] HCA 66 Haber v Health Care Complaints Commission [2018] NSWCATOD 16 HCCC v Deeley [2010] NSWNMT 34 Ng v Health Care Complaints Commission [2018] NSWCATOD 105 Ristevski v Medical Council of NSW [2016] NSWCATOD 18 Category: Principal judgment Parties: Robert Deeley (Applicant) Health Care Complaints Commission (Respondent) Representation: Solicitors: Applicant (self-represented) Health Care Complaints Commission (Respondent) File Number(s): 2023/0023405 Publication restriction: Nil