Health Care Complaints Commission v Ahuja [2024] NSWCATOD 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ahuja [2024] NSWCATOD 128 Hearing dates: 3, 4 and 5 April 2024 Date of orders: 23 August 2024 Decision date: 23 August 2024 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member S Smiltnieks, Senior Member A Cummins, Senior Member F Taylor, General Member Decision: (1) The Respondent is guilty of unsatisfactory professional conduct under s 139B(1)(l) of the Health Practitioner Regulation National Law (NSW). (2) The Respondent is guilty of professional misconduct. (3) The application is set down for further hearing on 14 October 2024 at 10:00am. Catchwords: OCCUPATIONS – nursing in aged care – improper conduct towards resident in facility – attempted collusion during investigation of conduct – unsatisfactory professional conduct – professional misconduct – Stage II hearing to follow Legislation Cited: Health Care Complaints Act 1993, s 4, 90B Health Practitioner Regulation National Law (NSW), ss 139E, 139B, 144, 149A, 149C Cases Cited: Bronze Wing International Pty v SafeWork of NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Daniel [2022] NSWCATOD 104 Parker v Comptroller-General of Customs [2009] HCA 7; (2009) 83 ALJR 494 R v Byrnes [1995] HCA 1; (1995) 183 CLR 501 Texts Cited: None Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Sudiksha Ahuja (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) NSW Nurses and Midwives' Association (Respondent) File Number(s): 2023/00266005 Publication restriction: Pursuant to s64(1) of the Civil and Administrative Tribunal Act disclosure of the names of the persons identified as Patient A, Patient B, Patient C, AIN-A, AIN-D, AIN-E, EN and NUM on the attached schedule is prohibited.