NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clarke v Health Care Complaints Commission (No 2) [2024] NSWCA 15 Hearing dates: 23 November 2023 Decision date: 07 February 2024 Before: White, Mitchelmore and Kirk JJA Decision: (1) In proceeding 2022/356036 the appeal is dismissed with costs. (2) In proceeding 2023/40167 the summons for leave to appeal is dismissed with costs. Catchwords: OCCUPATIONS — Nurses — Qualification and registration — Impairment — Competence — Where Tribunal found that a registered nurse suffered an impairment — Where registered nurse held not to be competent to act as a nurse — Where Tribunal found impairment rendered nurse a significant risk to health and safety of the public — Registration cancelled and non-review period imposed — Nurse prohibited from providing health services APPEALS — Leave to appeal — Appeal as of right on questions of law — Where no clear grounds of appeal advanced — No errors of law established — No errors in Tribunal's finding of fact — Leave to appeal refused — Appeal dismissed Legislation Cited: Evidence Act 1995 (NSW) Health Care Complaints Act 1993 (NSW), s 4 Health Practitioner Regulation National Law (NSW), ss 5, 149C Medical Practice Act 1992 (NSW) Cases Cited: Clarke v Nursing and Midwifery Council [2017] NSWCATOD 163 Health Care Complaints Commission v Clarke [2022] NSWCATOD 55 South Eastern Sydney Local Health District v Clarke [2021] NSWSC 63 Health Care Complaints Commission v Clarke [2022] NSWCATOD 55 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Clarke v Health Care Complaints Commission [2024] NSWCA 16 Clarke v Nursing and Midwifery Council [2017] NSWCATOD 163 Clarke v Nursing and Midwifery Council of New South Wales [2021] NSWCATOD 32 Category: Procedural rulings Parties: Sharmain Daisy Clarke (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: Applicant unrepresented A Petrie with E Lambert (Respondent)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate