Health Care Complaints Commission v Lewis [2024] NSWCATOD 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Lewis [2024] NSWCATOD 112 Hearing dates: 28 September 2023 Date of orders: 30 July 2024 Decision date: 30 July 2024 Jurisdiction: Occupational Division Before: T Simon, Principal Member M Gorman, Senior Member T Coombs, Senior Member F Taylor, General Member Decision: (1) If Mr Lewis was still registered, the Tribunal would have cancelled the respondent's registration pursuant to s 149C(1)(c) of the Health Practitioner Regulation National Law (NSW). (2) The National Board is required to record the fact that if Mr Lewis was still registered, the Tribunal would have cancelled his registration in the National Register kept by the Board pursuant to s 149C(4)(c) of the Health Practitioner Regulation National Law (NSW). (3) Mr Lewis is disqualified from being registered in the nursing profession for a period of 18 months pursuant to s 149C(4)(b) of the Health Practitioner Regulation National Law (NSW). (4) Mr Lewis is to pay the Health Care Complaints Commission's costs of the proceedings, as agreed or assessed pursuant to cl 13 of Sch 5D of the Health Practitioner Regulation National Law (NSW). (5) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the name of the patients referred to as Patient A and Patient B in the schedule to the complaint is prohibited. (6) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication or broadcast of the name of the patients contained in the ward register contained at page 41 of Exhibit 1 is prohibited. Catchwords: HEALTH — professional registration — registered nurse — conviction — unsatisfactory professional conduct — the practitioner's fitness to practice nursing — appropriate protective orders — prohibition orders — costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dean Antony Lewis (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2023/00185734 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the name of the patients referred to as Patient A and Patient B in the schedule to the complaint is prohibited. Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication or broadcast of the name of the patients contained in the ward register contained at page 41 of Exhibit 1 is prohibited. Note: A reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.