Deano v Health Care Complaints Commission [2014] NSWCATOD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Deano v Health Care Complaints Commission [2014] NSWCATOD 85 Hearing dates: 29 and 30 January 2014 Decision date: 30 July 2014 Jurisdiction: Occupational Division Before: J Muller (Principal Member) L Burns (Nurse Member) A Flanagan (Nurse Member) F Taylor (Lay Member) Decision: 1. Application for Review of Order cancelling registration is dismissed. 2. An application under Division 8 of Part 8 of the National Law for review of cancellation may not be made until after the expiry of two years from the date hereof and subject to any order under s 163(1)(b) of the National Law the Tribunal is the appropriate review body. 3. The Applicant must pay the costs of the Respondent as agreed or assessed. 4. In accordance with Clause 7 of Schedule 5D of the National Law publication of the name, address or any other material identifying any patient to which any facts of the matter relate is prohibited. Catchwords: Health practitioner regulation - nurse - cancellation of registration following finding of professional misconduct - Application under s 163 A of the Health Practitioner Regulation National Law (NSW) 2009 (National Law) for review of order cancelling registration - where HCCC opposes application - whether deficits identified had been remedied - Whether risk to the public if former Registered Nurse is re-instated to register - Whether former nurse has insight into her past inappropriate conduct - whether former nurse has demonstrated by her actions that it is appropriate she be restored to the register - Where former nurse has undertaken and completed further education - where nurse's written material in support of application and her oral evidence demonstrates conflicting attitude about her insight - failure to pay costs as ordered by previous tribunal and court. Legislation Cited: Civil and Administrative Tribunal Act (2013) - Part 2 - clause 8ss. Health Care Complaints Act 2003 - s39 (1)(e) Health Practitioner Regulation National Law (NSW) No 86a - s163A, s163B, s163C, s145A, clause 7 of Schedule 5D Poisons and Therapeutic Goods Regulations 2002 Poisons and Therapeutic Goods Regulations 2008 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Deano v HCCC [2011] NSWSC 1570 Deano v HCCC [2012] NSWSC 693 Ex Parte Tziniolis; Re the Medical Practitioners Act (1966) 67 SR 488 HCCC v Deano [2011] NSWNMT 27 In Re Jason Martin [2010] NSWMT 13 Law Society of New South Wales v Walsh [1997] (unreported) New South Wales Bar Association v Stevens [2003] NSWCA 95 Peter Cecil Harcourt Dawson v Law Society of NSW [1989] NSWCA 58 Re Lenehan (1948) 77 CLR 403; [1948] HCA 45 Re Mansoor Haider Zaidi [2006] NSWMT 6 Scully v HCCC [2013] NSWNMT 7 Zaidi v HCCC [1998] NSWSC 335 Category: Principal judgment Parties: Nusrat Mariyam Deano (Applicant) Health Care Complaints Commission of NSW (Respondent) Representation: Counsel N Sharp (Applicant) A Cheshire (Respondent) N Deano (Applicant in person) R Lewis (Respondent) File Number(s): 1420006 Publication restriction: Clause 7 of Schedule 5D of the Health Practitioner Regulation National Law (NSW) No 86a applies