Health Care Complaints Commission v Verdugo [2024] NSWCATOD 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Verdugo [2024] NSWCATOD 2 Hearing dates: 21 and 22 February 2023 Date of orders: 08 January 2024 Decision date: 08 January 2024 Jurisdiction: Occupational Division Before: R Lethbridge SC, Senior Member C Sippel, Senior Member S Smiltnieks, Senior Member J Barker, General Member Decision: 1. That the tribunal finds the Respondent Mauricio Alejandro Verdugo guilty of unsatisfactory professional conduct pursuant Sections 139B(1)(a) and 139B(1)(l) of Health Practitioner Regulation National Law (NSW). 2. That the tribunal finds the Respondent Mauricio Alejandro Verdugo guilty of Professional Misconduct pursuant to Section 139E of the Health Practitioner Regulation National Law (NSW) 3. That pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting the publication of the name of the patient referred to in the schedule attached to the Amended Complaint as Patient A. 4. That the Commission's application for costs of the proceedings be stood over to be dealt with at the conclusion of Stage 2 of these proceedings. 5. That these proceedings be re-listed for directions as to its progress to a Stage 2 hearing. Catchwords: Health – Nursing – Unsatisfactory Professional Conduct – Professional Misconduct – where practitioner engaged in a sexual act with a patient under his care under a hospital high dependency unit – findings at Stage 1 to proceed to Stage 2 consideration Legislation Cited: Health Practitioner Regulation National Law (NSW). Evidence Act 1995 (NSW). Civil and Administrative Tribunal Act 2013 (NSW). Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336. 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. Gersbach v Gersbach [2018] NSWSC 1685. Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173. Health Care Complaints Commission v Goyer [2019] NSWCATOD 121. Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 38. Lucire v Health Care Complaints Commission [2011] NSWCA 99. Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449. R v Byrnes & Hopwood (1995) 183 CLR 501. Re W (Sex Abuse; Standard of Proof) (2004) FLC 93-192. Sullivan v Civil Aviation Authority [2014] 226 FCR 555. WK v SR (1997) FLC 92-787 at [47]. Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mauricio Alejandro Verdugo (Respondent) Representation: Counsel: C Akthar (Applicant) A Wilson (Respondent)