Health Care Complaints Commission v Lawson [2024] NSWCATOD 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Lawson [2024] NSWCATOD 136 Hearing dates: 24 April 2024 Date of orders: 30 August 2024 Decision date: 30 August 2024 Jurisdiction: Occupational Division Before: C Mulvey, Senior Member K Douglas, Senior Member C Sippel, Senior Member F Taylor, General Member Decision: (1) Complaint One, that the practitioner has been convicted of two counts of an offence pursuant to s 144(a) of the Health Practitioner Regulation National Law (NSW), namely the offence of using a carriage service to solicit child abuse material between 2 January 2018 and 30 September 2018 and between 25 December 2016 and 15 March 2021 contrary to section 474.22(1) of the Criminal Code Act 1995, is proved. (2) Complaint Two, that the practitioner is guilty of unsatisfactory professional conduct under s 139B(1)(b) of the Health Practitioner Regulation National Law (NSW), is proved. (3) Pursuant to s 149C(1)(c) of the Health Practitioner Regulation National Law (NSW), the practitioner' registration as nurse is cancelled. (4) Pursuant to s 149C(7) of the National Health Practitioner Regulation Law (NSW), the practitioner may not apply for review of the cancellation order for a period of 3 years. (5) Pursuant to s 149C(5) of the National Health Practitioner Regulation Law (NSW), the practitioner must not provide a health service, as defined in s 4 of the Health Care Complaints Act 1993 (NSW) for a period of 3 years from the date of these orders. (6) The practitioner is to pay the costs of the Health Care Complaints Commission. (7) The disclosure of the names of persons listed in the Schedule to the Complaint is prohibited pursuant to s 64 of the Civil and Administrative Tribunal Act 2013. Catchwords: HEALTH — registered health practitioner — whether conduct found to amount to unsatisfactory professional conduct — appropriate form of protective orders — prohibition order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Criminal Code Act 1995 (CTH) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Gupta [2022] NSWCATOD 141 Health Care Complaints Commission v Shipley [2020] NSWCATOD 128 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Shuquan Liu v Health Care Complaints Commission [2018] NSWSC 315 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) John Thomas Lawson (Respondent) Representation: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2023/00442052 Publication restriction: The disclosure of the names of persons listed in the Schedule to the Complaint is prohibited pursuant to s 64 of the Civil and Administrative Tribunal Act 2013.