Health Care Complaints Commission v Richards [2024] NSWCATOD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Richards [2024] NSWCATOD 45 Hearing dates: 18 March 2024 Date of orders: 16 April 2024 Decision date: 16 April 2024 Jurisdiction: Occupational Division Before: S Dunn, Senior Member K Douglas, Senior Member Dr S Schulz-Robinson, Senior Member F Taylor, General Member Decision: (1) Pursuant to s 149C(1)(c) of the Health Practitioner Regulation National Law (National Law) the registration of Bianca Richards (Respondent) as a nurse is cancelled. (2) Pursuant to s 149C(7) of the National Law the Respondent may not apply for a review of Order 1 for a period of 12 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 — enrolled nurse — practitioner pleaded guilty and convicted of criminal offences — whether circumstances of the offences render the practitioner unfit in the public interest to practise — appropriate protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64(1) Crimes Act 1900 (NSW), ss 148, 192E Health Practitioner Regulation National Law (NSW), ss 3, 3B, 5, 109(1)(b), 130, 139B(1)(b), 144, 149, 149C(1)(c) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Gayed v Walton [1997] NSWCA 121 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v FLJ [2023] NSWCATOD 7 Health Care Complaints Commission v Gott [2023] NSWCATOD 54 Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630. Health Care Complaints Commission v McAlpine [2022] NSWCATOD 92 Health Care Complaints Commission v Morris [2022] NSWCATOD 120 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commissions v Picones [2018] NSWCATOD 56 Karimi v Medical Council of New South Wales [2017] NSWCATOD 180 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, Pridgeon v Medical Council of New South Wales [2022] NSWCA 60 Sudath v Health Care Complaints Commission [2012] NSWCA 171 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Bianca Maree Richards (Respondent) Representation: Solicitors: A Kelly (Health Care Complaints Commission) (Applicant) Respondent (self-represented) File Number(s): 2023/00345575 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the names of the persons set out in the Schedule to the Complaint is prohibited.