Health Care Complaints Commission v Fisher [2016] NSWCATOD 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Fisher [2016] NSWCATOD 62 Hearing dates: 9 December 2015 and by written submissions received 17 December 2015 and 11 February 2016 Date of orders: 16 May 2016 Decision date: 16 May 2016 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member K Dixon, Professional Member D Armitage, Professional Member D Bell, Lay Member Decision: 1. Pursuant to s.149C(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 s.149C(7) of the National Law, the Respondent is disqualified from being registered in the health profession for a period of 2 years from the date of this order.

3. The Registrar is requested to notify the Nursing and Midwifery Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1 and 2 above as soon as practicable.

4. The Respondent is to pay the Applicant's costs. Catchwords: Unsatisfactory Professional Conduct, Professional Misconduct. Impairment and Competency to practice nursing. Where practitioner does not attend the hearing. Legislation Cited: Sections 5, 139, 139B(1)(a) and (l) and 139E of the Health Practitioner Regulation National Law Cases Cited: R. v Byrne (1995) 193 CLR 501 HCCC v Perroux [2011] NSWDC 99 HCCC v Phung (No. 1) [2012] 1 NSWDT Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 HCCC v Saedlounia [2013] NSWMT 13 at 43-50 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Reimers v Health Care Complaints Commission [2012] NSWCA 317 HCCC v XC [2015] NSWCATOD 9 Lee v HCCC [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Keiran Fisher (Respondent) Representation: Counsel: Ms A Petrie (Applicant)