Shah v Health Care Complaints Commission [2016] NSWCATOD 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shah v Health Care Complaints Commission [2016] NSWCATOD 68 Hearing dates: 18 and 19 February 201623 February 2016 (final submissions) Date of orders: 27 May 2016 Decision date: 27 May 2016 Jurisdiction: Occupational Division Before: A Britton, Principal Member K Eyre, Professional Member B Clarke, Professional Member A Collier, General Member Decision: 1. Pursuant to s 163B(1)(c) of the Health Practitioner Regulation National Law (the National Law), Bhavesh Shah is re-instated to the register of nurses maintained by Australian Health Practitioner Regulation Agency in conjunction with the Nursing and Midwifery Board of Australia.

2. Pursuant to s 163B(4) of the National Law, the following conditions are imposed on Shah's registration:

Employment 1. Upon returning to practice in a clinical role as a registered nurse, Mr Shah must only work in a hospital setting for a period of 12 months (full time equivalent hours) and thereafter for a duration determined by the Nursing and Midwifery Council of NSW.

2. Upon returning to practice in a clinical role as a registered nurse, Mr Shah is not to work as a sole nurse on a ward or unit, as an in-charge nurse or team leader, or in circumstances where he does not have a senior nurse in a supervisory capacity within the workplace, for a period of 12 months (full time equivalent hours) and thereafter for a duration determined by the Nursing and Midwifery Council of NSW.

3. Upon returning to practice in a clinical role as a registered nurse, Mr Shah is not to work night shift for a period of three months (full time equivalent hours).