Health Care Complaints Commission v Ferguson; (No 2) [2015] NSWCATOD 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ferguson; (No 2) [2015] NSWCATOD 55 Hearing dates: 25 May 2015 Decision date: 04 June 2015 Jurisdiction: Occupational Division Before: N O'Neill, Principal Member S Schulz-Robinson, Professional Member M Kettle, Professional Member A Johnston, Lay Member Decision: 1. The Tribunal ordered that the conditions set out in paragraph 18 will apply to Mr Ferguson's registration that is revived, if he applies to renew his previously suspended registration during that period of revival. Should the National Board renew his registration and not impose its own conditions on his renewed registration, these conditions will remain in force until amended, removed or replaced by the processes set out below in these orders or by the operation of any other law. The relevant conditions are outlined in paragraph 18. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal (NSW) – Occupational division – health practitioner list – Complaint against a nurse – impairment – alcohol dependence or abuse – suspended by Nursing and Midwifery Council – suspension and pre-existing conditions end when complaint is disposed of by Tribunal – if practitioner sought renewal of registration within period allowed registration would be without conditions – Tribunal considered conditions needed – conditions imposed Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Ferguson [2015] NSWCATOD 14 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Andrew Ferguson (Respondent) Representation: Counsel: B Tronson (Complainant)