Health Care Complaints Commission v Woods [2016] NSWCATOD 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Woods [2016] NSWCATOD 52 Hearing dates: 7 December 2015 Date of orders: 05 May 2016 Decision date: 05 May 2016 Jurisdiction: Occupational Division Before: A Britton, Principal Member S Kennedy, Occasional Member L Carlin, Occasional Member A Johnston, Occasional Member Decision: (1) That if Mr Woods were still registered as an enrolled nurse the Tribunal would have cancelled his registration (s 149C(4)(a) of the National Law). (2) That the Nursing and Midwifery Board of Australia be required to record in the National Register that the Tribunal would have suspended or cancelled Mr Woods' registration (s 149C(4)( c)). (3) That Mr Woods be disqualified from being registered as an enrolled nurse for a period of 12 months from the date of this decision (s 149C(4)(b) of the National Law). (4) Within 14 days of the date of this decision the Commission must file and serve brief submissions in support of its application for costs. (5) Within 28 days of receiving the Commission's submissions on costs Mr Woods must give to the Commission and the NCAT any submissions in reply. (6) Within 14 days of the date of this decision the parties must notify the Tribunal and each other whether they consent to the issue of costs, being determined "on the papers". Catchwords: ADMINISTRATIVE LAW — Civil and Administrative Tribunal (NSW) — health practitioner — use of "excessive force" in dealing with a violent patient — whether practitioner was acting in self-defence — 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) Mental Health Act 2007 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Director General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Health Care Complaints Commission v Do [2014] NSWCA 307 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 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Zecevic v Director of Public Prosecutions (1987) 162 CLR 645 HCCC v Jamieson [2014] NSWCATOD 56 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant ) Steven James Woods (Respondent) Representation: Counsel: S Talbert (Applicant)