Turicik v Nursing and Midwifery Board of Australia [2024] NSWCATOD 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Turicik v Nursing and Midwifery Board of Australia [2024] NSWCATOD 162 Hearing dates: 30 July 2024 Date of orders: 02 October 2024 Decision date: 02 October 2024 Jurisdiction: Occupational Division Before: J Redfern PSM, Senior Member T Azzopardi, Senior Member Dr L Gregory, Senior Member J Barker, General Member Decision: (1) The decision of the Respondent is confirmed. (2) The appeal filed on 6 October 2023 is dismissed. (3) The Appellant to pay the costs of the Respondent as agreed or failing agreement as assessed pursuant to the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: OCCUPATIONS — Heath practitioners — Health Practitioner Regulation National Law (NSW) — Registered nurse — application for provisional registration — Performance Assessment undertaken — Whether process unfair — Practitioner found not to be suitable — Whether conditions appropriate — Provisional registration refused. COSTS — General rule that costs follow the event — no disentitling conduct. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation (Adoption of National Law) Act 2009 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Balafas (No 2) [2021] NSWCATOD 175 Health Care Complaints Commission v Wilcox (No 2) [2020] NSWCATOD 51 Oshlack v Richmond River Council (1998) 193 CLR 72; 1998 HCA 11 at [69] Puri v Medical Council of New South Wales (No 2) [2024 NSWCATOD 122 Wu v Nursing and Midwifery Board of Australia [2021] NSWCATOD 183 Texts Cited: AHPRA and National Boards Supervision Guidelines & Supervised Practice Framework (February 2022) AHPRA Fact sheet - Performance assessments (September 2018) NSW Civil and Administrative Tribunal Occupational Division, Guideline on Costs (August 2017) Nursing and Midwifery Board of Australia Policy: re-entry to practice (2022) Nursing and Midwifery Board of Australia Registered Nurse Standards for Practice (June 2016) Nursing and Midwifery Board of Australia Registration Standard: Continuing Professional Development (June 2016) Nursing and Midwifery Board of Australia Registration Standard: Recency of Practice (June 2016) Category: Principal judgment Parties: Vladislav Turicik (Appellant) Nursing and Midwifery Board of Australia (Respondent) Representation: Appellant (self-represented)