McPherson v Health Care Complaints Commission [2024] NSWCATOD 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McPherson v Health Care Complaints Commission [2024] NSWCATOD 101 Hearing dates: 26 February 2024 Date of orders: 17 July 2024 Decision date: 17 July 2024 Jurisdiction: Occupational Division Before: C Mulvey, Senior Member A Bizzotto, Senior Member N Sharma, Senior Member J Barker, General Member Decision: (1) Pursuant to s 163B of the Health Practitioner Regulation National Law (the National Law) a reinstatement order is made in respect of Peter McPherson (the practitioner) subject to the following conditions: (a) To advise the Nursing and Midwifery Council of NSW in writing at least seven days prior to changing the nature or place of practice. (b) Not to practise as the sole practitioner or practitioner in charge. (c) To practise under indirect supervision in accordance with the Nursing and Midwifery Council of NSW 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 Nursing and Midwifery Council of NSW within 14 days of commencing work, or as specified by the Council. (ii) To authorise the approved supervisor to provide written reports to the Nursing and Midwifery Council of NSW at quarterly intervals, or as specified by the Council. (d) To authorise the Nursing and Midwifery Council of NSW to provide proposed and approved supervisors with a copy of this decision which imposed this condition and a copy of the private conditions on the practitioner's registration. (e) To attend for treatment by a general practitioner of the practitioner's choice. The frequency of treatment is to be determined by the treating practitioner. The practitioner: (i) is to authorise the treating practitioner to inform the Nursing and Midwifery Council of NSW of any of the following: (A) failure to attend for treatment; (B) termination of treatment; or (C) a significant change in the health status (including a significant temporary change). (ii) must provide the Nursing and Midwifery Council of NSW with the professional details of the treating practitioner/s. (f) To attend for treatment by a psychologist of the practitioner's choice. The frequency of treatment is to be determined by the treating practitioner. The practitioner: (i) is to authorise the treating practitioner to inform the Nursing and Midwifery Council of NSW of any of the following: (A) failure to attend for treatment; (B) termination of treatment; or (C) a significant change in the health status (including a significant temporary change). (ii) must provide the Nursing and Midwifery Council of NSW with the professional details of the treating practitioner/s. (2) The Nursing and Midwifery Council of NSW is the appropriate review body in respect of Order (1) of these orders. (3) In the event that the practitioner resides other than in New South Wales then ss 125-127A of the National Law shall apply. (4) The practitioner shall pay the costs of the Health Care Complaints Commission of and incidental to the application as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: OCCUPATIONS — nurses — reinstatement application — whether onus established — whether reformation and insight established Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Donnelly v Health Care Complaints Commission [2014] NSWCATOD 155 Ex parte Tziniolis; Re Medical Practitioners Act (1966) 67 SR (NSW) 448; [1967] 1 NSWR 357 Forster v Hunter New England Area Health Service (2010) 77 NSWLR 495; [2010] NSWCA 106 Haber v Health Care Complaints Commission [2018] NSWCATOD 16 Health Care Complaints Commission v McPherson [2022] NSWCATOD 158 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 CLR 445; [1992] HCA 66 Ng v Health Care Complaints Commission [2018] NSWCATOD 105 Ristevski v Medical Council of NSW [2016] NSWCATOD 18 Category: Principal judgment Parties: Peter McPherson (Applicant) Health Care Complaints Commission (Respondent) Representation: Solicitors: NSW Nurses and Midwives' Association (Applicant) Health Care Complaints Commission (Respondent) File Number(s): 2023/00356388 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, publication or broadcast of the name of any victim mentioned or involved in these proceedings is prohibited.