Health Care Complaints Commission v MacGregor [2016] NSWCATOD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v MacGregor [2016] NSWCATOD 86 Hearing dates: 4 April 2016 Date of orders: 05 July 2016 Decision date: 05 July 2016 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member J Kitschke, Professional Member D Beaumont, Professional Member A Johnston, General Member Decision: 1. The Tribunal notes that had the Respondent (Ms MacGregor) been registered at the date of these orders it would have cancelled her registration.

2. The Respondent is disqualified from applying to be re-registered as a midwife or nurse for 3 years from the date of this order.

3. Unless and until the Respondent is re-registered as a midwife, she is prohibited from working:

(a) as a doula; (b) as a birth attendant; (c) as a lactation consultant; (d) in any pregnancy related role; (e) in any birth related role; and (f) any other ante or post -natal role.

4. 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.

5. An order pursuant to s.64 of the Civil and Administrative Tribunal Act 2013 prohibiting the disclosure of the name of Patient A appearing in the Schedule to the Complaint.

6. The Respondent is to pay the Applicant's costs. Catchwords: Midwife, Unsatisfactory Professional Conduct, Professional Misconduct, Death of Infant Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) s. 139B(1)(a) and (l);s. 139E; s. 149(b) and s.149C(4)(a)and (b) Cases Cited: Health Care Complaints Commission v Phung (No. 1) [2012] 1 NSWDT Health Care Complaints Commission v Perroux [2011] NSWDC 99 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Health Care Complaints Commission v Saedlounia [2013] NSWMT 13 at 43-50 Pillai v Messiter (No 2) [1989] 16 NSWLR 197 Lee v Health Care Complaints Commission [2012] NSWCA 80 Allplastics Engineering Ply Ltd v Dornoch Ltd [2006] NSWCA 33 Dr Douglass v Lawton Pty Ltd (No 2) [2007] NSWCA 90 Arian v Nguyen [2001] NSWCA 5 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Sonja MacGregor (Respondent) Representation: Counsel: A Britt (Applicant)