Health Care Complaints Commission v Ostendorf [2015] NSWCATOD 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ostendorf [2015] NSWCATOD 137 Hearing dates: 22 July 2015 Date of orders: 07 December 2015 Decision date: 07 December 2015 Jurisdiction: Occupational Division Before: R Titterton, Senior Member (Legal) A Bizzotto, Professional Member R O'Donnell, Professional Member Dr C Berglund, General Member Decision: Complaint of impairment established.

Complaint of lack of competence not established.

The Tribunal ordered:

1. Pursuant to s 149C(4)(a) of the National Law, that had Ms Ostendorf still been registered, the Tribunal would have cancelled her registration.

2. Pursuant to s 149C(4)(b) of the National Law, that had Ms Ostendorf still been registered, the Tribunal would have disqualified her from being registered in the health profession for a period of one year.

3. Pursuant to s149C(4)(c) of the National Law, request that the Nursing and Midwifery Board of Australia record in the National Register kept and maintained on behalf of the Board by the Australian Practitioner Regulation Agency the fact that the Tribunal would have cancelled the Ms Ostendorf's registration had she still been registered as at the date of this decision. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – OCCUPATIONAL DIVISION – Health Practitioner List – Compliant against nurse – impairment – opioid and benzodiazepine dependence proven – lack of competence – not proven Legislation Cited: Health Care Complaints Act 1993 Health Practitioner Regulation National Law NSW No. 86a Nurses Registration Act 1953 Poisons and Therapeutic Goods Regulation 1994 Cases Cited: Briginshaw v Briginshaw (1983) 6 CLR 336 Forster v Hunter New England Area Health Service [2010] NSWCA 206 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Ferguson [2015] NSWCATOD 14 Health Care Complaints Commission v Smith [2015] MSWCATOD 85 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Sudath v Health Care Complaints Commission [2012] NSWCA 171 Smith v the Nursing and Midwifery Board of Australia [2013] NSWNMT 10 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Katrina Ostendorf (Respondent) Representation: Counsel: S Talbert (Applicant)