Health Care Complaints Commission v Bialowas [2015] NSWCATOD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bialowas [2015] NSWCATOD 16 Hearing dates: 20, 21 and 22 October 2014 and 13 February 2015 Decision date: 18 March 2015 Jurisdiction: Occupational Division Before: N O'Neill, Principal Member S Kennedy, Professional Member R Kerr, Professional Member M Turner, Lay Member Decision: 1. Having found complaints one and two not proved, but complaint three proved, the Tribunal:

1. cancelled the registration of Halina Christina Bialowas 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. ordered that at least 6 months elapse, from the date of the order in this matter, before Ms Bialowas may apply (make an application for a review under s 163A of the Health Practitioner Regulation National Law (NSW) (the National Law) for a reinstatement order;

3. ordered that Ms Bialowas pay 50% of the HCCC's costs of proceedings, as agreed or assessed; and

4. made a Non-publication Order under section 64 (1) Civil and Administrative Tribunal Act 2013 (NSW) in respect of the names of all persons identified as patients in the material tendered as evidence in this matter. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) – Occupational division – health practitioner list – Complaint against a nurse – unsatisfactory professional conduct not proved – impairment not proved –– not competent to practise nursing proved –costs Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: In re a Medical Practitioner and the Medical Practice Act (unreported, Medical Tribunal, 3 September 2007) Grant v HCCC [2003] NSWCA 73 HCCC v Wingate (2007) 70 NSWLR 323 Texts Cited: Health Care Complaints Commission (Complainant) Halina Christina Bialowas (Respondent) Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Halina Christina Bialowas (Respondent) Representation: Counsel: L Thomas (20-22 Oct 2014) and K Richardson, l Thomas (13 Feb 2015) (Complainant)