Health Care Complaints Commission v Roberts [2024] NSWCATOD 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Roberts [2024] NSWCATOD 54 Hearing dates: 11, 12 December 2023 Date of orders: 26 April 2024 Decision date: 26 April 2024 Jurisdiction: Occupational Division Before: E Bishop SC, Senior Member S Daly, Senior Member H Kirkwood, Senior Member J Barker, General Member Decision: (1) Ms Roberts' registration is cancelled under the National Law, s 149C(1)(b). (2) Ms Roberts cannot seek a review of Order 1 before six months from the date of these orders. (3) Ms Roberts is to pay the Commission's costs as agreed or assessed under the National Law, cl 13 of Sch 5D. Catchwords: HEALTH — professional registration and discipline — registered nurse — impairment — breach of conditions of registration — whether unsatisfactory professional conduct — whether professional misconduct COSTS — principles applying to awarding costs under Health Practitioner Regulation National Law (NSW) Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW), ss 3, 3A, 5, 139B, 139E, 144, 149, 149C, 149E, 150, 150FA, 152J, 165, Pt 8, Div 3, Subdiv 6, Sch 2, cl 12, Sch 5D, cll 2, 13 Cases Cited: Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Clyne v NSW Bar Association (1960) 104 CLR 186; [1960] HCA 40 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Perroux [2011] NSWDC 99 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Robinson [2022] NSWCA 164 IceTV Pty Limited v Nine Network Australia Pty Limited [(2009) 239 CLR 458; [2009] HCA 14 Lee v Health Care Complaints Commission [2012] NSWCA 80 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Tsolis v Health Care Complaints Commission [2023] NSWSC 1599 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Leanne Patricia Roberts (aka Leanne Price and Leanne Ball) (Respondent) Representation: Solicitors: E Bayley / J Neal (Health Care Complaints Commission) (Applicant) Respondent (self-represented) File Number(s): 2023/00271369 Publication restriction: Nil