Health Care Complaints Commission v Khalsa (No2) [2014] [2014] NSWCATOD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Khalsa (No2) [2014] [2014] NSWCATOD 47 Hearing dates: On the papers Decision date: 06 May 2014 Before: Mr Ian Newbrun, Principal Member Ms Tania Andrews, Professional Member Ms Leigh Schalk, Professional Member Mr John Davies, General Member Decision: 1. The registration of Akal Kaur Khalsa ("the practitioner") as a registered nurse and a registered midwife on the National Register of Health Practitioners ("the Register") maintained by the Australian Health Practitioner Regulation Agency ("AHPRA") is cancelled under s 149C (1)(b) of the Health Practitioner Regulation National Law (NSW) No 86a ("the National Law") and AHPRA is requested to forthwith amend the Register accordingly. 2. The practitioner shall not apply under s 163A of the National Law to the NSW Civil and Administrative Tribunal, Occupational Division (Health Practitioner List) ("NCAT") to be registered on the Register until the expiry of a period of not less than 2 years from the date of this order. 3. The practitioner be and is hereby reprimanded. 4. The practitioner shall pay the Health Care Complaints Commission's costs (on the ordinary basis as defined in s 3 of the Civil Procedure Act 2005 (NSW)) and in the event of a dispute about costs liberty is granted to either party to restore the matter before the NCAT. 5. Under Schedule 5D, cl 7 of the National Law, publication of the name of Patient A, her first child and husband, referred to in the Amended Complaint, is prohibited. Catchwords: Complaints against a practitioner (a registered nurse and midwife) of unsatisfactory professional conduct and professional misconduct found by Tribunal in Stage 1 proceedings. Where HCCC seeks orders that the practitioner's registration be cancelled. Where HCCC seeks period of 2 years before the practitioner can seek to review the de-registration order. Where HCCC seeks practitioner pay its costs of and incidental to the proceedings. Whether cancellation of registration necessary to protect the public. HELD-cancellation of registration for 2 years necessary as practitioner continues to provide a risk to the public