Health Care Complaints Commission v Manukuo [2024] NSWCATOD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Manukuo [2024] NSWCATOD 58 Hearing dates: 19 December 2023 Submissions closed 22 December 2023 Date of orders: 03 May 2024 Decision date: 03 May 2024 Jurisdiction: Occupational Division Before: C Mulvey, Senior Member S Smiltnieks, Senior Member E Nicholls, Senior Member F Taylor, General Member Decision: (1) Complaint One, that the practitioner has been convicted of a criminal offence pursuant to s 144(a) of the Health Practitioner Regulation National Law (NSW), namely the offence of Dishonestly obtain financial advantage or cause disadvantage by deception pursuant to s 192E(1)(b) Crimes Act 1900, is proved. (2) Complaint Two, that the practitioner is guilty of unsatisfactory professional conduct under s 139B(1)(b) of the Health Practitioner Regulation National Law (NSW), is proved. (3) Pursuant to s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW), the practitioner is reprimanded. (4) Pursuant to s 149A(1)(b) of the Health Practitioner Regulation National Law (NSW), the following Conditions are to be imposed on the practitioner's registration: (a) The practitioner participate in a Gambling Treatment Program approved by the Nursing and Midwifery Council. (5) The appropriate review body for the purpose of a review under sections 163-163C of the Health Practitioner Regulation National Law (NSW) is the Nursing and Midwifery Council of NSW when the practitioner has a principal place of practise in NSW. (6) Sections 125 and 127 of the Health Practitioner Regulation National Law (NSW) are to apply while the practitioner's principal place of practice is anywhere in Australia other than NSW, so that a review of these conditions can be conducted by the Nursing and Midwifery Board of Australia. (7) The practitioner is to pay the costs of the HCCC. Catchwords: HEALTH — registered health practitioner — whether conduct found to amount to unsatisfactory professional conduct — appropriate form of protective orders — condition on registration Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Gupta [2022] NSWCATOD 141 Health Care Complaints Commission v Shipley [2020] NSWCATOD 128 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Shuquan Liu v Health Care Complaints Commission [2018] NSWSC 315 Texts Cited: None Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Steven Manukuo (Respondent) Representation: A Kelly (Health Care Complaints Commision) (Applicant) Respondent (self-represented) File Number(s): 2023/00285518 Publication restriction: None