Health Care Complaints Commission v Morato [2024] NSWCATOD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Morato [2024] NSWCATOD 143 Hearing dates: 16 April 2024 Date of orders: 13 September 2024 Decision date: 13 September 2024 Jurisdiction: Occupational Division Before: A Starke, Senior Member A Cummins, Senior Member N Story, Senior Member B Seth, General Member Decision: (1) Pursuant to s 149(A)(1)(a) of the Health Practitioner Regulation National Law, the Tribunal reprimanded the respondent for his improper conduct relating to the practice of nursing and his improper or unethical conduct in providing false and misleading information relating to the practice of nursing as particularised in Schedule A to these Reasons. (2) Pursuant to s 149(A)(1)(b) of the Health Practitioner Regulation National Law, the conditions set out in Schedule B to these Reasons are imposed on the respondent's registration. (3) Each party is to pay their own costs of the proceedings. Catchwords: OCCUPATIONS – Nursing – Application for disciplinary findings and orders where practitioner found guilty of unsatisfactory professional conduct – Practitioner formally reprimanded – Conditions imposed on the practitioner's registration. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Clyne v NSW Bar Association (1960) 104 CLR 186 Complaints Commission v Karalasingham [2007] NSWCA 267 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 HCCC v Brush (No. 2) [2015] NSWCATOD 154 HCCC v CSM [2016] NSWCATOD 125 Health Care Complaints Commission v Aref [2018] NSWCATOD 133 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield [1997] NSWSC 297 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Ly [2010] NSWMT 20 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Health Care Complaints Commission v Mitchell [2015] NSWCATOD 151 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Schmaman [2019] NSWCATOD 82 Health Care Complaints Commission v Tran [2021] NSWCATOD 82 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lucire v Health Care Complaints Commission [2011] NSWCA 99 NSW Bar Association v Meakes [2006] NSWCA 340 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Oshlack v Richmond River Council [1998] HCA 11 Parker v Comptroller of Customs (2009) 83 ALJR 494 Shuquan Liu v Health Care Complaints Commission [2018] NSWSC 315 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Calvin Dianco Morato (Respondent) Representation: Counsel C Akthar (Applicant)