Health Care Complaints Commission v Maman [2024] NSWCATOD 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Maman [2024] NSWCATOD 165 Hearing dates: 17-18 June 2024, closing submissions 5 July 2024 Date of orders: 15 October 2024 Decision date: 15 October 2024 Jurisdiction: Occupational Division Before: E Bishop SC, Senior Member J Harrington, Senior Member A Bizzotto, Senior Member J Sillince, General Member Decision: (1) The respondent's registration is cancelled under the National Law, s 149C(1)(b). (2) The respondent cannot seek a review of Order 1 before 12 months from the date of these orders. (3) The respondent is prohibited from providing "health services" as defined in s 4 of the Health Care Complaints Act 1993 for 12 months from the date of these orders. (4) The respondent is to pay the applicant's costs as agreed or assessed under the National Law, cl 13 of Sch 5D. Catchwords: HEALTH — professional registration and discipline — registered nurse — unethical or improper conduct — inappropriate professional boundaries — inappropriate personal relationship with patient — whether unsatisfactory professional conduct — whether professional misconduct Legislation Cited: Health Care Complaints Act 1993 (NSW), s 4 Health Practitioner Regulation National Law (NSW), ss 3, 3A, 3B, 4, 139B, 139E, 149, 149C, cll 2, 13 of Sch 5D Cases Cited: Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Clyne v NSW Bar Association (1960) 104 CLR 186 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Health Care Complaints Commission v Collins [2021] NSWCATOD 132 Health Care Complaints Commission v De Lore [2020] NSWCATOD 72 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Tsolis v Health Care Complaints Commission [2023] NSWSC 1599 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Abhigith Maman (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) NSW Nurses and Midwives' Association (Respondent) File Number(s): 2024/00061449 Publication restriction: Publication of the name of the patient is prohibited by an order made 1 March 2024 pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).