Health Care Complaints Commission v Lopez (No 2) [2014] NSWCATOD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Lopez (No 2) [2014] NSWCATOD 15 Decision date: 19 March 2014 Jurisdiction: Occupational Division Before: N O'Neill (Principal Member) K Dixon (Nurse Member) R Bond (Nurse Member) F Taylor (Lay Member) Decision: As the Tribunal was satisfied that the complaints that Mavis Amarili Lopez was guilty of both unsatisfactory professional conduct and professional misconduct were proved, it made the following orders namely that: 1. As Mavis Amarili Lopez was no longer registered as a nurse on the register of health practitioners, in relation to nurses, kept by the Nursing and Midwifery Board of Australia (the National Board) and maintained by the Australian Health Practitioner Regulation Agency (AHPRA), Ms Lopez be disqualified from being registered as a nurse for a period of two years from the date of this order. 2. Having decided that if Ms Lopez had still been registered at the time it heard and determined this matter, it would have cancelled her registration, the Tribunal requires the National Board to record the fact that the Tribunal would have cancelled Ms Lopez's registration on the register kept by the National Board. 3. Ms Lopez pay the costs of the Health Care Complaints Commission (HCCC) in this matter on the ordinary basis as defined in s 3 of the Civil Procedure Act 2005 (NSW) as agreed or assessed. Catchwords: Complaint against unregistered nurse - breach of condition - unsatisfactory professional conduct and professional misconduct - fact that registration would have been cancelled if nurse were registered ordered to be placed on National Register - nurse disqualified from being registered for two years - costs Legislation Cited: Health Practitioner Regulation National Law (NSW) ss 139B, 139E, 149C, 163A, cl 13, Sch 4E; Civil Procedure Act 2005 (NSW) s 3; Cases Cited: Prakash v Health Care Complaints Commission [2006] NSWCA 153; Health Care Complaints Commission v Gregorio (No 1) [2009] NSWNMT 26; Health Care Complaints Commission v Lopez [2008] NSWNMT 24; Health Care Complaints Commission v Powell [2008] NSWNMT 19; HCCC v Gower [2011] NSWNMT 17; Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Mavis Amarili Lopez (Respondent) Representation: Counsel Brenda Tronson (for HCCC) Ms Lopez not present and not represented File Number(s): 1420005