Health Care Complaints Commission v Mosca [2024] NSWCATOD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mosca [2024] NSWCATOD 115 Hearing dates: 10 July 2024 Date of orders: 02 August 2024 Decision date: 02 August 2024 Jurisdiction: Occupational Division Before: A Starke, Senior Member K Austin, Senior Member L Campbell, Senior Member A Gray, General Member Decision: (1) Pursuant to s 149C(1)(b) and s 149C(1)(c) of the Health Practitioner Regulation National Law (NSW), the respondent's registration as a health practitioner is cancelled for a period of 3 years. (2) 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 3 years. (3) Pursuant to clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW), the respondent is to pay the Commission's costs as agreed or assessed in accordance with the applicable costs legislation. Catchwords: OCCUPATIONS – Nursing – Application for disciplinary findings and orders where practitioner convicted of two offences of Dishonestly obtain property by deception contrary to s 192E(1)(a) of the Crimes Act 1900 (NSW) and one offence of Persons Unlawfully in possession of property, contrary to s 527C(1)(a) of the Crimes Act 1900 (NSW ) and sentenced to 18 months imprisonment to be served by way of Intensive Correction Order expiring on 13 October 2024 – practitioner found to have engaged in unsatisfactory professional conduct under s 139B(1)(l) of the Health Practitioner Regulation National Law (NSW) in that the practitioner engaged in improper and unethical conduct related to the practice of nursing – practitioner found guilty of professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW) in that the practitioner engaged in unsatisfactory professional conduct of a sufficiently serious nature to justify suspension or cancellation of the practitioner's registration and engaged in more than one instance of unsatisfactory professional conduct of a sufficiently serious nature to justify the suspension or cancellation of the practitioner's registration. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336. Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v NSW Bar Association (1960) 104 CLR 186 Director General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 Gautam v Health Care Complaints Commission [2021] NSWCA 85 HCCC v Brush [2015] NSWCATOD 120 HCCC v Brush (No. 2) [2015] NSWCATOD 154 HCCC v Collins [2021] NSWCATOD 132 HCCC v CSM [2016] NSWCATOD 125 HCCC v Karunaratne (No 2) [2018] NSWCATOD 201 HCCC v Limboro [2018] NSWCATOD 117 HCCC v Meneghetti [2020] NSWCATOD 39 HCCC v Wood [2020] NSWCATOD 60 Health Care Complaints Commission v Aref [2018] NSWCATOD 133 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Elshaimy [2019] NSWCATOD 17 Health Care Complaints Commission v FLJ [2023] NSWCATOD 7 Health Care Complaints Commission v Litchfield [1997] NSWSC 297 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Mitchell [2015] NSWCATOD 151 Health Care Complaints Commission v Shrimpton (No 2) [2019] NSWCATOD 48 Lee v Health Care Complaints Commission [2012] NSWCA 80 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Parker v Comptroller of Customs (2009) 83 ALJR 494; [2009] HCA 7 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Joyce Paran Mosca (Respondent) Representation: Counsel E Bayley (Applicant)