Health Care Complaints Commission v Ruming [2024] NSWCATOD 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ruming [2024] NSWCATOD 77 Hearing dates: 8 – 9 February 2024 Date of orders: 17 June 2024 Decision date: 17 June 2024 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member C Sippel, Senior Member H Kirkwood, Senior Member J Barker, General Member Decision: (1) The Complaint that the practitioner has been made the subject of a criminal finding for an offence is established. (2) That the circumstances of the criminal finding for an offence render the practitioner unfit in the public interest to practise nursing is not established. (3) The Complaint of unsatisfactory professional conduct is established. (4) No protective orders are made. (5) No order as to costs. Catchwords: HEALTH — professional registration and discipline — unregistered nurse — criminal finding for an offence —whether circumstances of the offence render the practitioner unfit in the public interest to practise — unsatisfactory professional conduct — failure to notify of charges and criminal finding —scope of disciplinary powers — costs Legislation Cited: Health Practitioner Regulation National Law (NSW) ss 3, 3A, 3B, 130(1), 139B(1)(b), 144, 146D, 149A, 149C, 150; cl 13 of Sch 5D Cases Cited: Health Care Complaints Commission v Ake [2018] NSWSC 1170 Health Care Complaints Commission v Dewar (No 2) [2015] NSWCATOD 23 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Jouda [2023] NSWCATOD 83 Health Care Complaints Commission v Karunaratne (No 2) [2018] NSWCATOD 201 Health Care Complaints Commission v Litchfield (No 3) (Costs) [2023] NSWCATOD 44 Health Care Complaints Commission v Neale [2023] NSWCATOD 137 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Reyes [2023] NSWCATOD 57 Health Care Complaints Commission v Taghi Zadeh Vardough [2023] NSWNMPSC 2 (24 February 2023) Health Care Complaints Commission v Wood [2020] NSWCATOD 60 Oshlack v Richmond River Council [1998] HCA 11 Pharmacy Council v Ibrahim [2020] NSWSC 708 PSC Inquiry into Dr Baderudin Khamis [2017] NSWMPSC 10 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Rebecca Ruming (Respondent) Representation: Counsel: G Marsden (Applicant)