Health Care Complaints Commission v Fraser (No 2) [2014] NSWCATOD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Fraser (No 2) [2014] NSWCATOD 84 Hearing dates: 4 July 2014 Decision date: 30 July 2014 Jurisdiction: Occupational Division Before: J Boland AM ADCJ (Principal Member) M Ryan (Occasional Member) S Moore (Occasional Member) P Shearing (Occasional Member) Decision: 1. The registration of Ms Nola Fraser ("the practitioner") as a Nurse-General and Midwife on the National Register of Health Practitioners maintained by the Australian Health Practitioner Regulation Agency ("the Register") is cancelled under s 149C (1) (b) of the Health Practitioner Regulation National Law (NSW) No 86a ("the National Law"). 2. A period of not less than one year shall elapse before the practitioner may application under s 163A of the National Law for review of these orders. 3. Subject to any application under s 163 (1) (a1) of the National Law the review body for the purposes of order 2 of these orders shall be the Tribunal. 4. The practitioner shall pay fifty per cent the costs of and incidental to the proceedings of the Health Care Complaints Commission as agreed and failing agreement as assessed under Div 11 Part 3.2 of the Legal Profession Act 2004 (NSW). Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - Occupational division - health practitioners list - unsatisfactory professional conduct and professional misconduct - where HCCC assert conduct of sufficiently serious nature to warrant cancellation of the practitioner's registration - where practitioner conceded some particulars of the complaint. Where practitioner asserts no risk to health or safety of public - whether de-registration required or reprimand and/or conditions are adequate protective orders - practitioner's registration should be cancelled. Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Ahmadi v Fairfax Media Publications Pty Ltd (No 2) NSWSC (unreported) 22 October 2010 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523 Health Care Commission v Cieslak [2013] NSWNMT 23 Health Care Complaints Commission v Fraser [2014] NSWCATOD 29 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v King [2013] NSWMT (unreported 6 February 2013) HCCC v Philipiah [2013] NSWCA 342 Jireth International Pty. Ltd (t/as Gloria Jean's Coffees) v Western Export Services Inc (No 2) NSWCA (unreported 16 September 2012) Lee v Health Care Complaints Commission [2012] NSWCA 89 Ohn v Walton (1995) 36 NSWLR 77 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Zaidi v Health Care Complaints Commission [1998] NSWSC 355 (1998 44 NSWLR 82) Category: Principal judgment Parties: Health Care Complaints Commission (Complainant/Applicant) Nola Fraser (Respondent) Representation: Counsel N Sharp (Applicant) A Cheshire (Respondent) Health Care Complaints Commission (Applicant) Yates Beaggi Lawyers (Respondent) File Number(s): 1420008 Publication restriction: Non publication orders apply to the names of patients who provided references to practitioner.