Health Care Complaints Commission v Sheldrick [2016] NSWCATOD 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sheldrick [2016] NSWCATOD 105 Hearing dates: 25, 26, 27 and 28 July 2016 Date of orders: 11 August 2016 Decision date: 11 August 2016 Jurisdiction: Occupational Division Before: J Millbank, Senior Member C Doyle, Professional Member M Maimann, Professional Member F Taylor, General Member Decision: (1) A non publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting disclosure or publication of the names of the Patients in the schedule to the complaint, or their partners; (2) A finding that Complaint 1 and Complaint 2 of unprofessional conduct are made out to the required standard; (3) A finding that the complaints, both individually and cumulatively, amount to professional misconduct per Complaint 3; (3) The parties to communicate with the registry to set a hearing date for the Stage 2 determination (4) Costs in favour of the Commission pursuant to cl 13(1) of Sch 5D of the National Law as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: Midwifery; homebirth as private practitioner involving pre-term pregnancy; planned homebirth as private practitioner involving breech presentation; failure to fully inform patients of risks of homebirth in these circumstances; failure to appropriately recommend medical care and transfer to hospital; failure to recognise and respond to compounding and escalating risks in prolonged breech labour during homebirth Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 64; Health Practitioner Regulation National Law 2009 (NSW) ('The National Law') s 139B; s 139E; cl 13(1) Sch 5D Cases Cited: Briginshaw v Briginshaw [1938] HCA 34, (1983) 60 CLR 336; HCCC v BXD (No 1) [2015] NSWCATOD 134; HCCC v Fraser [2014] NSWCATOD 29; HCCC v Perroux [2011] NSWDC 99; Pillai v Messiter (No 2) (1989) 16 NSWLR 197; Qasim v HCCC [2015] NSWCA 282 Texts Cited: Australian College of Midwives, National Midwifery Guidelines for Consultation and Referral, 2nd ed (2008); Australian College of Midwives, National Midwifery Guidelines for Consultation and Referral, 3rd ed (2013); Nursing and Midwifery Board of Australia, Safety and Quality Framework for Privately Practising Midwives Attending Homebirths (2011) Australian College of Midwives, Guidance for Midwives Regarding Homebirth Services (2011) Nursing and Midwifery Board of Australia, National Competency Standards for the Midwife (2006); Nursing and Midwifery Board of Australia, Code of Ethics for Midwives in Australia (2008); Nursing and Midwifery Board of Australia, Code of Professional Conduct for Midwives in Australia (2008) Category: Principal judgment Parties: Health Care Complaints Commission (HCCC) (Applicant)