Health Care Complaints Commission v Clemente (No. 2) [2024] NSWCATOD 189

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Clemente (No. 2) [2024] NSWCATOD 189 Hearing dates: 29 August 2024 and 14 November 2024 Date of orders: 27 November 2024 Decision date: 27 November 2024 Jurisdiction: Occupational Division Before: S Dunn, Senior Member S Jreige, Senior Member S Schulz-Robinson, Senior Member F Taylor, General Member Decision: (1) Pursuant to s 149C(1)(c) of the Health Practitioner Regulation National Law (National Law) the registration of Sean Clemente (Respondent) as a registered nurse is cancelled. (2) Pursuant to s 149C(7) the Respondent may not apply for a review of Order 1 for a period of one year from the date of these orders. (3) Pursuant to section 149C(5) of the National Law the Respondent is prohibited from providing any health service as defined in section 4 of the Health Care Complaints Act 1993 (NSW) for a period of one year from the date of these orders. (4) Under clause 13 of Schedule 5D of the National Law the Respondent is to pay the HCCC's costs in respect of the hearing on 22 April 2024 and 14 November 2024 as agreed or assessed. Catchwords: HEALTH — professional registration and discipline — registered nurse — practitioner pleaded guilty and convicted of criminal offence -whether circumstances of the offence render the practitioner unfit in the public interest to practise – whether satisfied the person poses a substantial risk to the health of members of the public – appropriate protective orders Legislation Cited: Crimes Act 1900 (NSW) Health Practitioner Regulation National Law (NSW) Health Care Complaints Act 1993 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Gayed v Walton [1997] NSWCA 121 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Clemente [2024] NSWCATOD 56 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v FLJ [2023] NSWCATOD 7 Health Care Complaints Commission v Kazeme [2020] NSWCATOD 25 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630. Health Care Complaints Commission v Lowe [2023] NSWCATOD 121 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 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Vito Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Sean Clemente (Respondent) Representation: Counsel: J Brook (Applicant)