Health Care Complaints Commission v GGI [2024] NSWCATOD 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v GGI [2024] NSWCATOD 125 Hearing dates: 13 March 2024 Date of orders: 15 August 2024 Decision date: 15 August 2024 Jurisdiction: Occupational Division Before: E Bishop SC, Senior Member E Moore, Senior Member D Sutton, Senior Member J Houen, General Member Decision: (1) The respondent's registration is cancelled under the Health Practitioner Regulation National Law (NSW), s 149C(1)(b). (2) The respondent cannot seek a review of Order 1 before two years from the date of these orders. (3) The respondent is to pay the applicant's costs as agreed or assessed under the Health Practitioner Regulation National Law (NSW), cl 13 of Sch 5D. Catchwords: HEALTH — professional registration and discipline — registered nurse — impairment — unethical or improper conduct — inappropriate professional boundaries — inappropriate personal relationships with patients — whether unsatisfactory professional conduct — whether professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 5, 139B, 139E, 144, 149, 149C, 149E, 165J, Sch 5D, cll 2, 13 Cases Cited: Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Dr Ly [2010] NSWMT 20 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Perroux [2011] NSWDC 99 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Picones [2018] NSWCATOD 56 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Tsolis v Health Care Complaints Commission [2023] NSWSC 1599 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) GGI (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) B Thompson (NSW Nurses & Midwives Association) (no appearance) File Number(s): 2023/00352113 Publication restriction: Pursuant to an order dated 7 March 2024 under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), there shall be no disclosure or publication of the name of the respondent and her name is to be pseudonymised.