Health Care Complaints Commission v Hutchinson [2014] NSWCATOD 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hutchinson [2014] NSWCATOD 151 Hearing dates: 16-17 September 2014 Decision date: 18 December 2014 Jurisdiction: Occupational Division Before: I Newbrun, Principal Member, C Selkirk, Nurse Member, I McQualter, Nurse Member, S Liew, Lay Member Decision: 1. Pursuant to section 149C(4)(a) of the National Law, the tribunal decides that if Mr Hutchinson were still registered as an enrolled nurse it would have cancelled his registration on the register of health practitioners, in relation to enrolled nurses, kept by the Nursing and Midwifery Board of Australia and maintained by the Australian Health Practitioner Regulation Agency (AHPRA). 2.Pursuant to section 149C(4)(b) of the National Law, Mr Hutchinson is disqualified from being registered as an enrolled nurse or nurse in the nursing profession for a period of one year from the date of these orders. 3.Pursuant to section 149C(4)(c) of the National Law, the tribunal requires the Nursing and Midwifery Board of Australia to record, in the National Register kept by that Board, the fact that the Tribunal would have cancelled Mr Hutchinson's registration as an enrolled nurse. 4. The tribunal orders that at least one year elapse, from the date of these orders, before Mr Hutchinson may 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 an enrolled nurse or nurse on the register of health practitioners maintained by AHPRA. 5. The tribunal orders that Mr Hutchinson pay the HCCC's costs of these proceedings, as agreed or assessed. Catchwords: Administrative law-Civil and Administrative Tribunal (NSW)-Occupational division-Health Practitioner List-Complaint against enrolled nurse-Unsatisfactory professional conduct and professional misconduct-Commission of criminal offences for dishonesty-Failure to disclose criminal convictions, and making of false statements, to nurse registration authorities- Whether enrolled nurse unfit in the public interest to practice nursing-Whether enrolled nurse not a suitable person to hold registration as an enrolled nurse-Enrolled nurse disqualified from being registered as an enrolled nurse or nurse for one year. Legislation Cited: Health Practitioner Regulation National Law (NSW) No 86a; Health Practitioner Regulation National Law Regulation; Nurses and Midwives Act 1991 NSW, now repealed; Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; Health Care Complaints Commission v Litchfield (1997) 41 NSW LR 630; A Solicitor v Council of the New South Wales Law Society [2004] HCA 1; Prothonotary of the Supreme Court of New South Wales v P [2003] NSW CA 320; NSW Bar Association v Cummins [2001] NSW CA 284; NSW Bar Association v Somosi [2001] NSW CA 285; Ex parte Tziniolis; Re Medical Practitioner's Act (1966) 67 SR (NSW) 448; Pillai v Messiter (No 2) (1989) 16 NSWLR 197; In Re Davis [1947] 75 CLR 409; Prothonotary of the Supreme Court of NSW v Hendrik Jan Van Es [2014] NSW CA 169; Health Care Complaints Commission v Wingate [2007] NSW CA 326; Council of the New South Wales Bar Association v Power [2008] NSW CA 135; Health Care Complaints Commission v Bartolazo [2013] NSWDT 4; Health Care Complaints Commission v Lee [2012] NSW CA 80; Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSW CA 102 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) David Hutchinson (Respondent) Representation: Health Care Complaints Commission (Applicant) D Hutchinson (Respondent in person) File Number(s): 1420093