Health Care Complaints Commission v Flett [2016] NSWCATOD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Flett [2016] NSWCATOD 138 Hearing dates: 27 October 2016 Date of orders: 07 November 2016 Decision date: 07 November 2016 Jurisdiction: Occupational Division Before: J Millbank, Senior Member L Burns, Professional Member H Stirling, Professional Member P Hooker, General Member Decision: (1) The Tribunal determines that the practitioner is not competent to practise her profession by reason of chronic impairment, pursuant to s 149C(1)(a) of the National Law; (2) Pursuant to s 149C(4)(a) the Tribunal would have cancelled the practitioner's registration if the practitioner was still registered at the time of hearing; (3) The Nursing and Midwifery Board of Australia in conjunction with AHPRA to record that the practitioner's registration would have been cancelled pursuant to s 149C(4)(c) of the National Law; (4) A prohibition order pursuant to s 149C(5),(5A) preventing the practitioner from providing any 'heath service' as defined by s 5 of the National Law until a reinstatement order is made under s 163B. (5) No order as to costs. Catchwords: Nursing – impairment – chronic mental illness – paranoid schizophrenia – competency by reason of mental capacity – cancellation of registration – prohibition order – costs Legislation Cited: Health Practitioner Regulation National Law 2009 (NSW) ('The National Law') ss 3, 3A, 5, s 139(a), 149C; cl 13(1) Sch 5D Cases Cited: Briginshaw v Briginshaw [1938] HCA 34, (1983) 60 CLR 336; HCCC v Philipiah [2013] NSWCA 342; HCCC v Litchfield (1997) 41 NSWLR 630; Gianoutsos v Glykis (2006) NSWLR 539 Lee v HCCC [2012] NSWCA 80; Lindsay v HCCC [2010] NSWCA 194; Lucire v HCCC (No 2) [2011] NSWCA 182; Qantas Airways Limited v Gama (2008) 167 FCR 537; Qasim v HCCC [2015] NSWCA 282; In re Suman Sood [2006] NSWMT 1; Tung v HCCC [2011] NSWCA 219; Category: Principal judgment Parties: Health Care Complaints Commission (HCCC) (Applicant) Erika Flett (Respondent) Representation: Counsel: S Talbert (Applicant)