Health Care Complaints Commission v Ziyambi (No. 2) [2024] NSWCATOD 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ziyambi (No. 2) [2024] NSWCATOD 201 Hearing dates: 06 December 2024 Date of orders: 06 December 2024 and 16 December 2024 Decision date: 16 December 2024 Jurisdiction: Occupational Division Before: E Bishop SC, Senior Member T Coombs, Senior Member R North, Senior Member Dr R Leontini, General Member Decision: (1) The respondent is cautioned under the National Law, s 149A(1)(a). (2) The respondent is to pay 10% of the applicant's costs as agreed or assessed under the National Law, cl 13 of Sch 5D. Catchwords: HEALTH — professional registration and discipline — nurse — appropriate protective orders — admitted conduct — guilty of unsatisfactory professional conduct with regard to secondary employment and failure to act to reduce fatigue COSTS — apportionment of costs — whether failure to establish main part of complaint militates against the Commission recovering its costs Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 3B, 149A(1), cl 13 of Sch 5D Cases Cited: 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 Gaberman (No 2) [2023] NSWCATOD 178 Health Care Complaints Commission v Litchfield (No 3) (Costs) [2023] NSWCATOD 44 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Reyes (No 2) [2023] NSWCATOD 94 Health Care Complaints Commission v Ziyambi [2024] NSWCATOD 141 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Peeke v Medical Board of Victoria [1994] VSC 7 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ratidzo Ziyambi (Respondent) Representation: Counsel: E Beljic (Applicant) D Kaiti (Respondent)