Simonsen v Health Care Complaints Commission [2016] NSWCATOD 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Simonsen v Health Care Complaints Commission [2016] NSWCATOD 87 Hearing dates: 8 June 2016 Date of orders: 06 July 2016 Decision date: 06 July 2016 Jurisdiction: Occupational Division Before: Marks ADCJ, Principal Member A Walsh, Professional Member V Gibson, Professional Member Prof D Anderson, Community Member Decision: (1) Application for registration is dismissed (2) The applicant is to pay the respondent's costs Catchwords: Registered nurse - cancellation of registration- drug abuse related professional misconduct - application for re-registration dismissed - failure to demonstrate no longer a risk to the public Legislation Cited: Health Practitioner Regulation National Law Cases Cited: Health Care Complaints Commission (HCCC) v Simonsen [2013] NSWNMT 21 Health Care Complaints Commission (HCCC) v Simonsen (No 2) [2013] NSWNMT 26 Category: Principal judgment Parties: Andrew Simonsen (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: H Bennett (Respondent)

Solicitors: Andrew Simonsen (Applicant in person) Health Care Complaints Commission (Respondent) File Number(s): 1620015

REASONS FOR DECISION 1. This is an application brought by Andrew Simonsen ("the applicant") to have his name added to the Register of Health Practitioners as a Registered Nurse. The applicant had his name removed from the Register by the Nursing and Midwifery Tribunal on 23 December 2013 following the hearing of a Complaint brought by the Health Care Complaints Commission ("the respondent").