Health Care Complaints Commission v Perceval [2014] NSWCATOD 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Perceval [2014] NSWCATOD 38 Hearing dates: 4 September 2013, 13 December 2013, 20 December 2013 (written submissions)21 March 2014. Decision date: 29 April 2014 Jurisdiction: Occupational Division Before: Boland AM ADJC (Principal Member) D Beaumont (Occasional Member- Professional) J Littlewood (Occasional Member - Professional) Emeritus Professor D Anderson AM (Occasional Member - Lay) Decision: The practitioner's registration is cancelled. That Australian Health Practitioner Regulation Agency ("AHPRA") is requested to remove the practitioner's name from the register of Health Practitioners maintained by AHPRA on behalf of the Nurses and Midwives Board of Australia; that a period of not less than 3 years elapse before the practitioner may again apply to the Tribunal for re-instatement of her registration; and the practitioner pay the fifty per cent of specified costs of the HCCC as agreed and failing agreement liberty to re-list before the Tribunal. Catchwords: UNSATISFACTORY PROFESSOINAL CONDUCT AND PROFESSIONAL MISCONDUCT. Where it is asserted the practitioner breached conditions imposed on her registration. Where practitioner concedes some breaches. Whether conditions properly drafted - HELD wording of conditions imprecise; that practitioner's conduct in breaching some conditions established unsatisfactory professional conduct and professional misconduct. IMPAIRMENT - Conflict in expert evidence - HELD - Impairment is established. UNFIT TO PRACTISE - complaint established. Legislation Cited: Civil and Administrative Tribunal Act 2013 Crimes Act (NSW) 1900 Evidence Act 1994 (NSW) Health Practitioner Regulation National Law (NSW) No 86a Mental Health Act 1990 (NSW) (repealed) Mental Health Act 2007 (NSW) Nurses and Midwives Act 1991 (repealed) Suitors Fund Act 1951 Victims Support and Rehabilitation Act 1996 (NSW) (repealed) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Chowdhury v HCCC [2010] NSWCA 56 Clyne v NSW Bar Association (1980) 104 CLR 186 King v Health Care Complaints Commission [2011] NSWCA 70 Lucire v Health Care Complaints Commission No 2 [2011] NSWCA 182 Makita v Sprowles [2001] NSWCA 305 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Sudath v Health Care Complaints Commission [2012] NSWCA 171 Texts Cited: Delegation and Supervision for Nurses and Midwives.(May 2008) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Kirrilly Anne Perceval (Respondent) Representation: Counsel P Griffin Respondent (in person) Health Care Complaints Commission File Number(s): 14 20009