Health Care Complaints Commission v Marquinez [2014] NSWCATOD 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Marquinez [2014] NSWCATOD 125 Hearing dates: 7-8 September 2014 Decision date: 30 October 2014 Jurisdiction: Occupational Division Before: N O'Neill, Principal Member D Beaumont, Nurse Member C Maloney, Nurse Member J Lyon, Lay Member Decision: 1. The tribunal found the subject-matter of complaints one, two and three in this matter proved and the complaints proved. Complaint four was not proceeded with and the tribunal found complaint five not proved. 2. The tribunal cancelled the registration of Orlando Villalobas Marquinez 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). 3. The tribunal ordered that at least two years elapse, from the date of the order in this matter, before Mr Marquinez 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. 4. The tribunal ordered that Mr Marquinez pay the HCCC's costs of proceedings, as agreed or assessed. 5. The tribunal ordered that the non-disclosure order made by Boland ADCJ in this matter on 16 May 2014 be revoked. Catchwords: ADMINISTRATIVE LAW Legislation Cited: Drug Misuse Trafficking Act 1985 (NSW) Health Practitioner Regulation National Law (NSW) Health Care Complaints Act 1993 (NSW) Cases Cited: HCCC v Buksh [2013] NSWNMT 22 King v Health Care Complaints Commission [2011] NSWCA 353 New South Wales Bar Association v Meakes [2006] NSWCA 340 Health Care Complaints Commission v King [2012] NSWMT 9 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Orlando Villalobas Marquinez (Respondent) Representation: F Westwood, Health Care Complaints Commission (Complainant) O Marquinez (Respondent in person) File Number(s): 1420148