Health Care Complaints Commission v Alunday [2025] NSWCATOD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Alunday [2025] NSWCATOD 14 Hearing dates: 11 November 2024 Date of orders: 14 February 2025 Decision date: 14 February 2025 Jurisdiction: Occupational Division Before: O Shub, Senior Member B Tomney, Senior Member D Robertson, Senior Member M Christiansen, General Member Decision: (1) Cancellation of the Respondent's registration, pursuant to s 149C(1)(b) of the National Law with a non-review period of 3 years; (2) A prohibition order pursuant to s 149C(5)(a) prohibiting the Respondent from providing a health service, as defined in s 4 of the Health Care Complaints Act 1993, for the same period as any non-review period imposed. (3) An order that the Respondent pay the Applicant's costs under clause 13 of Schedule 5D of the National Law as agreed or assessed. Catchwords: NURSING – Boundaries – Dementia Patient – inappropriate sexual behaviour Legislation Cited: Health Practitioner Regulation National Law (NSW), s 3B, Sch 5D cl 13 Civil and Administrative Tribunal Act 2013, s 64(1)(a) Evidence Act 1995 (NSW), s 40 Health Care Complaints Act 1993, s 4 Cases Cited: Clyne v NSW Bar Association (1960) 104 CLR 186; [1960] HCA 40 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Arnold Bulwayan Alunday (Respondent) Representation: Counsel: Health Care Complaints Commission (Applicant)