Health Care Complaints Commission v Horton [2024] NSWCATOD 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Horton [2024] NSWCATOD 102 Hearing dates: 10 May 2024 Date of orders: 19 July 2024 Decision date: 19 July 2024 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member A Adams, Senior Member M Hagarty, Senior Member M Ficarra, General Member Decision: (1) The Respondent is guilty of unsatisfactory professional conduct. (2) The Respondent is guilty of professional misconduct. (3) Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW), the Respondent's registration is cancelled with a non-review period of two years. (4) Pursuant to s 149C(5) of the Health Practitioner Regulation National Law (NSW), the Respondent is prohibited from providing health services as defined in s 4 of the Health Care Complaints Act 1993 (NSW) for a period of two years. (5) The Respondent is to pay the costs of the Commission pursuant to clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW) as agreed or assessed up to and including 15 February 2024, and thereafter is to pay 50% of its costs. Catchwords: OCCUPATIONS — nursing — misconduct and discipline — improper and unethical conduct towards younger female colleagues in the workplace — criminal conviction for online chatting — unsatisfactory professional conduct — professional misconduct — prohibition order — apportionment of costs ordered Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 64 Crimes Act 1914 (Cth), s 20(1)(b) Criminal Code Act 1995 (Cth), s 474.27A(1) Evidence Act 1995 (NSW), s 184 Health Care Complaints Act 1993 (NSW), s 4 Health Practitioner Regulation National Law (NSW), ss 55, 139B, 139E, 144, 149, 149C, 150, 165H, Sch 5D cl 13 Cases Cited: BHP Billiton Iron Ore Pty v National Competition Council (No 2) [2007] FCA 557 Briginshaw v Briginshaw (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Elliott [2018] NSWCATOD 47 Health Care Complaints Commission v Geary [2018] NSWCATOD 15 Health Care Complaints Commission v Grygie (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Holbrook [2019] NSWCATOD 146 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Litchfield (No 3) (Costs) [2023] NSWCATOD 44 Health Care Complaints Commission v Litchfield [1997] NSWSC 264; (1997) 41 NSWLR 630 Health Care Complaints Commission v Matta [2024] NSWCATOD 33 Health Care Complaints Commission v Mortlok [2015] NSWCATOD 136 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Piper [2014] NSWCATOD 62 Health Care Complaints Commission v Quan [2018] NSWCATOD 111 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Health Care Complaints Commission v Shrimpton (No 2) [2019] NSWCATOD 48 Health Care Complaints Commission v Spruce (No 2) [2015] NSWCATOD 153 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 R v Byrnes & Hopwood [1995] HCA 1; 183 CLR 501 Sabag v Health Care Complaints Commission [2001] NSWCA 41 Texts Cited: Macquarie Dictionary NSW Health Code of Conduct 2015 Nursing and Midwifery Board of Australia Code of Conduct Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) James Ivor Horton (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) J Sutton Associates (Respondent) File Number(s): 2024/00021518 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 disclosure of the names of the persons listed in the Schedule to the Complaint filed on 19 January 2024 is prohibited.