Health Care Complaints Commission v Parsons [2014] NSWCATOD 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Parsons [2014] NSWCATOD 97 Hearing dates: 18 - 19 August 2014 Decision date: 09 September 2014 Jurisdiction: Occupational Division Before: N O'Neill Principal Member N Miles Nurse Member C Anderson Nurse Member P French Lay Member Decision: 1.The tribunal cancelled the registration of Amity Kim Parsons on the register of health practitioners, in relation to nurses, kept by the Nursing and Midwifery Board of Australia and maintained by the Australian Health Practitioner Regulation Agency (AHPRA). 2. The tribunal ordered that at least two years elapse, from the date of the order in this matter, before Ms Parsons may apply (make an application for a review under s 163A of the Health Practitioner Regulation National Law (NSW) (the National Law) to the Civil and Administrative Tribunal of New South Wales (NCAT) to be registered as a nurse on the register of health practitioners maintained by AHPRA. 3. The tribunal ordered that Ms Parsons pay the HCCC's costs of the proceedings, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - Occupational division - health practitioners list - Complaint against a nurse - substance dependence - impairment - lack of competence - failure to report charges of and convictions for reportable criminal offences - criminal conviction - unsatisfactory professional conduct - cancellation of registration - costs Legislation Cited: Civil Procedure Act 2013 Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Cieslak [2013] NSWNMT 5 Health Care Complaints Commission v King [2012] NSWMT 9 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Reimers v Health Care Complaints Commission [2012] NSWCA 317 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Amity Kim Parsons (Respondent) Representation: Counsel S Talbert (Complainant)