Health Care Complaints Commission v Ziyambi [2024] NSWCATOD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ziyambi [2024] NSWCATOD 141 Hearing dates: 22-24 April 2024, closing submissions 13 May 2024 Date of orders: 10 September 2024 Decision date: 10 September 2024 Jurisdiction: Occupational Division Before: E Bishop SC, Senior Member T Coombs, Senior Member R North, Senior Member Dr R Leontini, General Member Decision: (1) Mrs Ziyambi is guilty of unsatisfactory professional conduct in respect of Complaint 1 particulars 6 and 7. (2) The conduct particularised in Complaint 1 particular 5 occurred but does not constitute unsatisfactory professional conduct. (3) The balance of Complaint 1 (particulars 1, 2, 3, 4 and 5) and Complaints 2 and 3 are dismissed. (4) The question of costs is to be determined as part of the Stage 2 proceeding. Catchwords: HEALTH — registered nurse — allegations of sleeping during night shifts — secondary employment — whether unsatisfactory professional conduct — whether professional misconduct Legislation Cited: Health Care Complaints Commission Act 1993 (NSW), ss 7, 80 Health Practitioner Regulation National Law (NSW), ss 139B, 139E 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 Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Perroux [2011] NSWDC 99 Health Care Complaints Commission v Picones [2018] NSWCATOD 56: Health Care Complaints Commission v Robinson [2022] NSWCA 164 Tsolis v Health Care Complaints Commission [2023] NSWSC 1599 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ratidzo Ziyambi (Respondent) Representation: Counsel: E Beljic (Applicant) D Kaiti (Respondent)