Health Care Complaints Commission v Ahuja (No. 2) [2024] NSWCATOD 177

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ahuja (No. 2) [2024] NSWCATOD 177 Hearing dates: 14 October 2024 Date of orders: 04 November 2024 Decision date: 04 November 2024 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member S Smiltnieks, Senior Member A Cummins, Senior Member F Taylor, General Member Decision: (1) Pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW) the registration of Ms Sudiksha Ahuja as an Enrolled Nurse is cancelled with a non-review period of 12 months. (2) Pursuant to s 149C(5) of the Health Practitioner Regulation National Law (NSW) Ms Sudiksha Ahuja is prohibited from providing health services as defined in s 4 of the Health Care Complaints Act 1993 for a period of 12 months. (3) The Respondent is to pay the costs of the Applicant pursuant to clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW) as agreed or assessed. Catchwords: OCCUPATIONS – nursing in aged care – Stage II – improper conduct towards resident in facility – unsatisfactory professional conduct – professional misconduct – necessary protective orders – costs to follow event Legislation Cited: Civil and Administrative Tribunal Act, s 64 Health Care Complaints Act 1993, s 4 Health Practitioner Regulation National Law (NSW), ss 139B, 149C, Sch 5D cl 13 Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186; (2017) 95 NSWLR 334 Council of the New South Wales Bar Association v EFA (a pseudonym) [2021] NSWCA 339; 106 NSWLR 383 Health Care Complaints Commission v Bradley [2022] NSWCATOD 47 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Duggan [2015] NSWCATOD 142 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Luque [2019] NSWCATOD 129 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Moses (No 2) [2019] NSWCATOD 190 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complains Commission v Robinson [2022] NSWCA 164 Health Care Complaints Commission v Saab (No 2) [2020] NSWCATOD 64 Health Care Complaints Commission v Tran [2021] NSWCATOD 82 Health Care Complaints Commission v Yildirim (No 2) [2022] NSWCATOD 100 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Shelley v Nurses and Midwives Tribunal of NSW & Anor [2007] NSWSC 1240 Texts Cited: None Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Sudiksha Ahuja (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) NSW Nurses and Midwives' Association (Respondent) File Number(s): 2023/00266005 Publication restriction: It is noted that on 23 August 2024 the Tribunal made an order pursuant to s 64(1) of the Civil and Administrative Tribunal Act prohibiting the disclosure of the names of persons identified in the order.