Health Care Complaints Commission v Watson [2015] NSWCATOD 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Watson [2015] NSWCATOD 148 Hearing dates: 20 and 21 July 2015 Date of orders: 18 December 2015 Decision date: 18 December 2015 Jurisdiction: Occupational Division Before: Y. Grant - Senior Member A. Johnston - Professional Member G. Tolhurst - Professional Member C. Selkirk - Lay Member Decision: 1. Pursuant to s149C (1) of the Health Practitioner Regulation National Law (NSW) ("the National Law") the Respondent's registration as a nurse is cancelled from the date of this order. 2. Pursuant to s149C (7) the Health Practitioner Regulation National Law (NSW) the Respondent Practitioner may not make any application for review of Order 1 of these orders for a period of 18 months from 17 December 2015. 3. The Registrar is request to notify the Nursing and Midwifery Council of New South Wales of Orders (1) and (2) of these orders as soon as practicable. Catchwords: Professional Boundaries of enrolled nurse in care of patient in respite care. Legislation Cited: Health Practitioner Regulation (National Law) NSW Cases Cited: HCCC v Guo [2011] NSWNMT 29 (15 November 2011) HCCC v Shah [2013] NSWNMT 1 [12 March 2013)) Briginshaw v Briginshaw (1983) 60 CLR 336 at 362-3. Gianoutsos v Glykis (2006) NSWLR 539 at 547-9 In Re Dr Suman Sood [2006] NSWMT 1 at 10. Polglaze v Veterinary Practitioners' Board of New South Wales [2009] NSWSC 347 at [31]. HCCC v Litchfield (1997) 41 NSWLR 630 Gayed v Walton 31/7/1997 NSWCCA Bannister v Walton (1993) 30 NSWLR 699. HCCC v Dinaker [2009] NSWMT 8 Ohn v Walton (1995) 36 NSWLR 77 HCCC v Greenwood [2011] NSWNMT 13 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Andrew Michael Watson (Respondent) Representation: Counsel: R Mathur (Applicant)