Brown v Health Care Complaints Commission [2015] NSWCATOD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brown v Health Care Complaints Commission [2015] NSWCATOD 40 Hearing dates: 17, 18 November 2014 and16 April 2015 Decision date: 28 April 2015 Jurisdiction: Occupational Division Before: J Millbank, Senior Member I McQualter, Professional Member K Sherwood, Professional Member P Hooker, Lay Member Decision: 1.Pursuant to s163B(1)(c) of the Health Practitioner Regulation National Law, Kelda Brown shall be re-instated to the register of nurses maintained by Australian Health Practitioner Regulation Agency in conjunction with the Nursing and Midwifery Board of Australia. 2. Pursuant to s 163B(4), conditions are imposed on Kelda Brown's registration (as set out in the Orders of the Tribunal). 3. A non-publication order under clause 7 of Schedule 5D to the National Law prohibiting the publication of the name of the patient. 4. No order as to costs. Catchwords: Reinstatement; Costs. Legislation Cited: Health Practitioner Regulation National Law (NSW) 2009 ('The National Law') s 163A; s 163B; Sch 5D cl 7; Sch 5D cl 13 Cases Cited: HCCC v Brown [2013] NSWNMT 8 Re Lenehan (1948) HCA 45 Dawson v Law Society of NSW [1989] NSWCA 58 Zaidi v HCCC [1998] NSWSC 335 Bahramy v Medical Council of NSW [2014] NSWCATOD 116 Scully v HCCC [2013] NSWNMT 7 Shah v HCCC [2014] NSWCATOD 94 Briginshaw v Briginshaw [1938] HCA 34 In Re Jason Martin [2010] NSWMT 13 Donnelly v HCCC [2014] NSWCATOD 155 Category: Principal judgment Parties: Kelda Brown (Applicant) Health Care Complaints Commission (Respondent) Representation: Solicitors: NSW Nurses and Midwives Association (Applicant) B Butt, Health Care Complaints commission (Respondent) File Number(s): 1420231 Publication restriction: A non-publication order under clause 7 of Schedule 5D to the National Law prohibiting the publication of the name of the patient.