Nuevo v Health Care Complaints Commission [2024] NSWCATOD 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nuevo v Health Care Complaints Commission [2024] NSWCATOD 75 Hearing dates: 5 March 2024 Date of orders: 13 June 2024 Decision date: 13 June 2024 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member A Bizzotto, Senior Member N Sharma, Senior Member R Kusuma, General Member Decision: (1) A reinstatement order under s 163B(1)(c) of the Health Practitioner Regulation National Law (NSW) is made in respect of Jeremy Nuevo ('the practitioner'), subject to the following conditions being imposed upon his registration: (a) To practise under indirect supervision in accordance with the Nursing and Midwifery Council of NSW (the Council) regulatory supervision policy (as varied from time to time) and as subsequently determined by the appropriate review body. (i) To nominate a supervisor for approval by the Council, within 14 days of commencing work or as specified by the Council. (ii) To authorise the approved supervisor to provide written reports to the Council at three monthly intervals, or as specified by the Council. (iii) To authorise the Nursing and Midwifery Council of NSW to provide proposed and approved supervisors with a copy of the decision which imposed this condition. (iv) The supervision period is to occur for a period of 6 months, and for any further period determined by the Council. (b) The Nursing and Midwifery Council of NSW is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW). (c) Sections 125, 126 and 127 of the Health Practitioner Regulation National Law (NSW) are to apply whilst the practitioner's place of residence is anywhere in Australia other than New South Wales, so that a review of these conditions can be conducted by the Nursing and Midwifery Board of Australia. (2) The practitioner must pay the legal costs of the Health Care Complaints Commission in this matter, to be agreed or assessed. Catchwords: HEALTH — professional registration and discipline — reinstatement — costs Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 3, 3A, 3B, 55, 139B, 163, 163A, 163B, 163C; cl 13 of Sch 5D Cases Cited: Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 Brown v Health Care Complaints Commission [2015] NSWCATOD 40 Donnelly v Health Care Complaints Commission [2014] NSWCATOD 155 Health Care Complaints Commission v Ake [2018] NSWSC 1170 Health Care Complaints Commission v Nuevo (No 2) [2023] NSWCATOD 24 Health Care Complaints Commission v Nuevo [2022] NSWCATOD 124 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Stratten [2022] NSWCATOD 126 Mackie v Health Care Complaints Commission [2023] NSWCATOD 55 Qasim v Medical Council of New South Wales [2021] NSWCA 173 Ristevski v Medical Council of NSW [2016] NSWCATOD 18 Texts Cited: Nil Category: Principal judgment Parties: Jeremy Nuevo (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: L Thomas (Respondent)