Health Care Complaints Commission v Farley [2024] NSWCATOD 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Farley [2024] NSWCATOD 148 Hearing dates: 6 and 7 August 2024 Date of orders: 17 September 2024 Decision date: 17 September 2024 Jurisdiction: Occupational Division Before: S Dunn, Senior Member J Haines, Senior Member R Shaban, Senior Member A Gray, General Member Decision: (1) Pursuant to s 149C(4)(a) of the National Law the NSW Civil and Administrative Tribunal (Tribunal) decides that if the Respondent were still registered the Tribunal would have cancelled her registration. (2) Pursuant to s 149C(4)(b) of the National Law the Tribunal decides that the Respondent is disqualified from being registered in the nursing profession for two years from the date of these orders. (3) Pursuant to s 149C(4)(c) of the National Law the National Board is required to record the fact that if the Respondent were still registered, the Tribunal would have cancelled her registration in the National Register kept by the Board. (4) Pursuant to s 149C(7) of the National Law an application for review of Order 1 may not be made for a period of two years from the date of these orders. (5) Under clause 13 of Schedule 5D of the National Law, the Respondent is to pay the HCCC's costs as agreed or assessed. Catchwords: HEALTH – professional registration and discipline – nurse – unsatisfactory professional conduct – professional misconduct – was the conduct of a sufficiently serious nature to justify suspension or cancellation of the Respondent's registration - appropriate protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336, [1938] HCA 34 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Gayed v Walton [1997] NSWCA 121 Health Care Complaints Commission v Brush (No. 2) [2015] NSWCATOD 154 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dobie (No 2) [2022] NSWCATOD 153 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Health Care Complaints Commission v McAlpine [2022] NSWCATOD 92 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Melinda Gai Farley (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2023/00312443 Publication restriction: On 15 December 2023 an order was made pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 prohibiting the publication of the names of the persons listed in the schedule to the Complaint.