Health Care Complaints Commission v Greive [2016] NSWCATOD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Greive [2016] NSWCATOD 28 Hearing dates: 21 December 2015 Date of orders: 16 March 2016 Decision date: 16 March 2016 Jurisdiction: Occupational Division Before: Y Grant, Senior Member K Andersson-Noorgard, Professional Member B Monley, Professional Member R Lorschy, Lay Member Decision: 1. The Tribunal would have cancelled the Respondent's registration if he was still registered.

2. That the Respondent be disqualified from being registered as a Nurse for a period of 18 months.

3. That the National Board is to record in the National Register that the Tribunal would have cancelled the Respondent's registration.

4. That the Respondent be subject to a prohibition order which will prevent him from providing the following health services on a public, private or volunteer basis 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 the services referred to in paragraphs (a)-(d).

5. Costs: The Tribunal makes an order that the Respondent pay the Complainant's costs in the proceedings.

6. The Tribunal makes the Suppression Order pursuant to Schedule 5D, Clause 7 of Health Practitioner Regulation (National Law) NSW to protect the identity of Patient A including anything that may tend to identify her. Catchwords: Professional boundaries of a Registered Nurse in care of patient in Mental Health Unit. Legislation Cited: Health Practitioner Regulation (National Law) NSW Cases Cited: Briginshaw v Briginshaw (1983) 60 CLR 336 at 362-3 Gianoutsos v Glykas (2006) 65 NSWLR 539 at 547-9 In re Dry Suman Sood [2006] NSW MT 1 at 10 Polglaze v Veterinary Practitioners Board of New South Wales [2009] NSWSC 347 at [31] Health Care Complaints Commission v Fraser [2014] NSWCA TOD 29 HCCC v Guo [2011] NSWMT 29 (15 November 2011) HCCC v Shah [2013] NSWMT 1 (12 March 2013) Pillai v Messiter (No 2) (1989) 16 NSWLR 197 at 200 Health Care Complaints Commission v Dr Jamison [2014] NSWCA TOD 56 at [102] Lee v HCCC [2012] NSWCA 80 at [34] Clyne v New South Wales Bar Association (1961) 04 CLR 186 at 201-202 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 at 637 NSW Bar Association v Meakes [2006] NSWCA 340 at [114] Sabag v Health Care Complaints Commission [2001] NSWCA 411 at [82] Health Care Complaints Commission v Do [2014] NSWCA 307 at [35] and [39] Re Dr Parajuli [2010] NSWMT 3 at [32] Saville v Health Care Complaints Commission [2006] NSWCA 298 at [45] Prakash v Health Care Complaints Commission [2006] NSWCA 153 Health Care Complaints Commission v Perroux [2011] NSWDC 99 at [18] Heath Care Complaints Commission v Karalasingham [2007] NSWCA 267 per Basten JA at [67]. Qidwai v Brown (1948) 1 NSWLR 100 Stanoevski v The Council of the Law Society of New South Wales [2008] NSWCA 93 at [52]-[54] HCCC v Dinaker [2009] NSWMT 8 Ohn v Walton (1995) 36 NSWLR 77 HCCC v Dr Della Bruna [2014] NSWCA TOD 31 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Mike Siebe Greive (Respondent) Representation: Counsel: Health Care Complaints Commission (Complainant in person) W Hunt (Respondent) File Number(s): 1520178