Health Care Complaints Commission v Bousfield [2014] NSWCATOD 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bousfield [2014] NSWCATOD 57 Hearing dates: 26, 27, and 28 March, 2013 Decision date: 02 June 2014 Jurisdiction: Occupational Division Before: J Hughes (Principal member) C Sharp (Nurse Member) Dr. G Tolhurst (Nurse Member) D Rosen (Lay Member) Decision: The practitioner's registration is cancelled. The 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 one year must elapse before the practitioner may again apply to the Tribunal for re-instatement of her registration; a non-publication order was made; no costs order was made. Catchwords: Amendment of Complaint; complaint against a nurse; competence; conduct; costs; discretion as to costs; form of pleadings; further and better particulars; impairment; ; non-publication order; procedural fairness; performance assessments; professional misconduct; protective orders; unsatisfactory professional conduct Legislation Cited: Health Practitioner Regulation National Law (NSW) (the "National Law"); Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Qidwai v Brown (1984) 1 NSWLR 100; Pillai v Messiter (No 2) (1989) 16 NSWLR 97; Briginshaw v.Briginshaw [1938] HCA 34; (1938) 60 CLR 336; Clyne v. NSW Bar Association (1960) 104 CLR 186; Leotta v Public Transport Commission of NSW (1976) 50 ALJR 666; Dare v Pulham (1982) 148 CLR 658; Cropper v Smith (1884) 26 Ch D 700; HCCC v. Litchfield (1997) 41 NSWLR 630; HCCC v. Gillett [2007] NSWNMT 7; NSW Bar Association v. Hamman (1999) NSWCA 404; Re Dr Parajuli [2010] NSWMT 3; Byrne v. Kinematograph Renters Society Ltd [1958] 1 WLR 762; Bruce v. Oldhams Press Ltd [1936] 1 KB 679; Goldsmith v. Sandilands [2002] HCA 31; Stewart v. Secretary, Department of Health (unreported, NSWCA 6 August, 1986; Etherton v. Public Service Board (1985) 3 NSWLR; King v. HCCC [2011] NSWCA 535; SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 1074; Johnson v. Miller (1937) 59 CLR 467; HCCC v. O'Connor [2012] NSWNMT 6; Kazar (Liquidator) v. Kargarian [2012] FCAFC 136; Lindsay v. HCCC [2010] NSWCA 194; Tung v. HCCC [2011] NSWCA 219; HCCC v. Boyd [2010] NSWNMT 19; Donnelly v Health Care Complaints Commission (NSW) [2011] NSWSC 70; A Solicitor v. Council of the Law Society of New South Wales [2004] HCA 1, (2004) 216 CLR 253 Category: Principal judgment Parties: Health Care Complaints Commission, (Applicant) Representation: Counsel B Mulqueeney, (Applicant) Health Care Complaints Commission -S King, Solicitor,(Applicant) NSW Nurses and Midwives Association P Robinson, (Respondent) File Number(s): 1420002 Publication restriction: NON PUBLICATION ORDERS APPLY