Health Care Complaints Commission v Ferguson [2015] NSWCATOD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ferguson [2015] NSWCATOD 14 Hearing dates: 2, 3 and 4 February 2015 Decision date: 11 March 2015 Jurisdiction: Occupational Division Before: N O'Neill, Principal Member S Schulz-Robinson, Professional Member M Kettle, Professional Member A Johnston, Lay Member Decision: The Tribunal found that Mr Ferguson had an impairment. It was satisfied that the subject-matter of both particulars to complaint one were proved and that the complaint itself was proved. The Tribunal found complaint two not proved. As a result the Tribunal made the following orders:

1. The Tribunal reprimanded Mr Ferguson for his failure to take action personally to come to terms with his alcohol dependence or abuse.

2. The Tribunal ordered that Mr Ferguson pay the HCCC's costs of these proceedings, as agreed or assessed.

3. The Tribunal ordered that the decisions and orders set out in these reasons for decision not take effect until the 15th day after these reasons for decision are published. However, if the HCCC wishes to make relevant submissions, it must make application to the Registry to do so within 14 days of the publication of these reasons for decision and the coming into effect of these reasons for decision will be delayed until the proceedings in this matter are completed. If no such application is made, these reasons for decision and the orders therein will come into effect on the 15th day after these reasons for decision are published. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal (NSW) – Occupational division – health practitioner list – Complaint against a nurse – impairment – alcohol dependence or abuse – not competent to practise nursing not proven – reprimand - costs Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Palmer v Dolman [2005] NSWCA 361 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Health Care Complaints Commission v Cieslak [2013] NSWNMT 5 Health Care Complaints Commission v Parsons [2014] NSWCATOD 97 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Andrew Ferguson (Respondent) Representation: Counsel: B Tronson (Complainant)