Health Care Complaints Commission v Zoing [2024] NSWCATOD 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Zoing [2024] NSWCATOD 67 Hearing dates: 29 and 30 April 2024 Date of orders: 31 May 2024 Decision date: 31 May 2024 Jurisdiction: Occupational Division Before: A Starke, Senior Member A Cummins, Senior Member M Keehan, Senior Member M Christensen, General Member Decision: (1) Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW), if the respondent were still registered, the Tribunal would have cancelled her registration pursuant to s 149C(1)(a) and/or s 149C(1)b) and/or s 149C(1)(c) of the Health Practitioner Regulation National Law (NSW). (2) Pursuant to s 149C(4)(b) of the Health Practitioner Regulation National Law (NSW), the respondent is disqualified from being registered in the nursing profession for a period of 2 years. (3) Pursuant to s 149C(4)(c) of the Health Practitioner Regulation National Law (NSW), the National Board is required to record the fact that if the respondent were still registered, the Tribunal would have cancelled her registration in the National Register kept by the National Board. (4) Pursuant to clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW), the respondent is to pay the Commission's costs as agreed or assessed in accordance with the applicable costs legislation. Catchwords: OCCUPATIONS – Nursing – Application for disciplinary findings and orders where practitioner convicted of forging prescriptions including prescriptions of a restricted substance and drugs of addiction – practitioner found to have failed to comply with a condition imposed on her registration and failed to comply with a critical impairment condition imposed on her registration – practitioner found to have engaged in unsatisfactory professional conduct and professional misconduct – practitioner found to have an impairment that detrimentally affects or is likely to detrimentally affect her capacity to practise the profession of nursing contrary to s 144(d) of the Health Practitioner Regulation National Law (NSW) – practitioner found to be not competent within the meaning of s 139(a) of the Health Practitioner Regulation National Law (NSW) as she lacks the mental capacity to practise as a nurse as a result of her impairment. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336. Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Caladine v Health Care Complaints Commission [2007] NSWCA 362 Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v NSW Bar Association (1960) 104 CLR 186 Director General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Grant v Health Care Complaints Commission [2003] NSWCA 73 HCCC v Amulakumar [2019] NSWCATOD 173 HCCC v Brush (No. 2) [2015] NSWCATOD 154 HCCC v CSM [2016] NSWCATOD 125 HCCC v McCarthy [2021] NSWCATOD 201 HCCC v Meneghetti [2020] NSWCATOD 39 Health Care Complaints Commission v Aref [2018] NSWCATOD 133 Health Care Complaints Commission v Astor-Finn [2016] NSWCATOD 73 Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Drakopoulos [2021] NSWCATOD 72 Health Care Complaints Commission v Elshaimy [2019] NSWCATOD 17 Health Care Complaints Commission v Farrell [2017] NSWCATOD 160 Health Care Complaints Commission v FLJ [2023] NSWCATOD 7 Health Care Complaints Commission v Holbrook [2019] NSWCATOD 146 Health Care Complaints Commission v Karunaratne (No 2) [2018] NSWCATOD 201 Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Mitchell [2015] NSWCATOD 151 Health Care Complaints Commission v Reid [2018] NSWCATOD 162 Health Care Complaints Commission v Turner [2016] NSWCATOD 163 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lindsay v HCCC [2010] NSWCA 194 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Parker v Comptroller of Customs (2009) 83 ALJR 494; [2009] HCA 7 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Margaret Clara Zoing (Respondent) Representation: Counsel G Marsden (Applicant)