Health Care Complaints Commission v Mortlock [2015] NSWCATOD 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mortlock [2015] NSWCATOD 136 Hearing dates: 3 August 201522 September 2015 (final submissions) Date of orders: 04 December 2015 Decision date: 04 December 2015 Jurisdiction: Occupational Division Before: A Britton, Principal Member G Tolhurst, Professional Member C Selkirk, Professional Member P Hooker, Lay Member Decision: 1. Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW) (the National Law) the Tribunal decides that if Mr Mortlock were still registered it would have cancelled his registration. 2. Pursuant to s 149C(4)(b) of the National Law, the Tribunal decides Mr Mortlock is disqualified from being registered as a nurse for a period of 36 months from the date of this decision. 3. Pursuant to s 149C(4)(c) of the National Law, the Tribunal requires the National Board with which Mr Mortlock was registered to record the fact that the Tribunal would have cancelled Mr Mortlock's registration for a period of 36 months from the date of this decision. 4. Pursuant to s 149C(5) of the National Law, Mr Mortlock is prohibited from providing the following health services unless and until he is re-registered as a nurse: (a) Medical, hospital, nursing or midwifery services (b) Mental health services (c ) Community health services (d) Health education services (e ) Welfare services necessary to implement and services referred to in paragraphs (a) to (d). 5. Mr Mortlock must pay 80 per cent of the Commission's costs of the proceedings as agreed and failing agreement liberty to restore before the Tribunal. Catchwords: ADMINISTRATIVE LAW — Civil and Administrative Tribunal (NSW) — health practitioner — whether practitioner guilty of unsatisfactory professional conduct — whether practitioner guilty of professional misconduct — appropriate disciplinary orders where finding made that practitioner is guilty of professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Director General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) L Mortlock (Respondent) Representation: Counsel: