Health Care Complaints Commission v Akhurst [2016] NSWCATOD 70

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Akhurst [2016] NSWCATOD 70 Hearing dates: 27 and 28 January 2016 Date of orders: 30 May 2016 Decision date: 30 May 2016 Jurisdiction: Occupational Division Before: R Titterton, Senior Member D Beaumont, Professional Member V Gibson, Professional Member J Lyon, General Member Decision: (1) The respondent is guilty of unsatisfactory professional conduct. (2) The respondent is guilty of professional misconduct. (3) The respondent is publicly reprimanded. (4) The registration of the respondent is cancelled. (5) The respondent may not apply for a review of order for a minimum period of two years from the date of this decision. (6) The respondent is to pay the Commission's costs. Catchwords: NURSE – a registered nurse responsible for the care of in an intensive care unit patients removes an opiate (fentanyl) required for pain relief, and replaces saline with the intention of administering the opiate to himself - where practitioner admits he is guilty of unsatisfactory professional conduct and professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013. Health Care Complaints Act 1993 Health Practitioner Regulation National Law NSW No 86a Poisons and Therapeutic Goods Regulation 2008 Cases Cited: Briginshaw v Briginshaw (1983) 6 CLR 336 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Gayed v Walton [1997] NSWSC 279 Health Care Complaints Commission v Bard [2013] NSWMT 15 Health Care Complaints Commission v Howe [2010] NSWMT 12 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Perroux [2011] NSWDC 99 Health Care Complaints Commission v Rolleston [2013] NSWMT 12 Health Care Complaints Commission v Smith [2015] NSWCATOD 85 Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323 Lucire v Health Care Complaints Commission v Health Care Complaints Commission [2011] NSWCA 99 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Meakes v NSW Bar Association [2006] NSWCA 340 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Re Dr Parajuli [2010] NSWMT 3 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Smith v the Nursing and Midwifery Board of Australia [2013] NSWNMT 10 Sudath v Health Care Complaints Commission [2012] NSWCA 171 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dammen Alan Akhurst (Respondent) Representation: Counsel: S Talbert (Applicant)