Health Care Complaints Commission v Hollamby [2016] NSWCATOD 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hollamby [2016] NSWCATOD 91 Hearing dates: 11 April 2016 and by written submission received 21 April 2016 Date of orders: 13 July 2016 Decision date: 13 July 2016 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member V Gibson, Professional Member S Smiltnieks, Professional Member B Davis, General Member Decision: (1) The Tribunal notes that had the Respondent (Ms Hollamby) 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 an enrolled nurse for a period of 12 months from the date of these orders.

(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 provide a copy of the Tribunal's decision to her course provider, Bachelor of Nursing at the Australian Catholic University. Should she leave the Australian Catholic University, she must provide a copy of the Tribunal's decision to any other educational institution(s) to which she applies to enrol in any other nursing course.

(5) The Respondent must provide a copy of the Tribunal's decision to any future employer if she seeks employment as an Assistant in Nursing.

(6) The Respondent is to pay the Applicant's costs Catchwords: Enrolled Nurse, Impairment, Competence, Surrender of Registration Legislation Cited: Health Practitioners National Law NSW (the National Law) Cases Cited: Lee v Health Care Complaints Commission [2012] NSWCA 80 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Allplastics Engineering Ply Ltd v Dornoch Ltd [2006] NSWCA 33 at 34 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) Michelle Hollamby (Respondent) Representation: Counsel: S Talbert (Applicant)