Health Care Complaints Commission v Stone (No 2) [2016] NSWCATOD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Stone (No 2) [2016] NSWCATOD 150 Hearing dates: 14 November 2016 Date of orders: 06 December 2016 Decision date: 06 December 2016 Jurisdiction: Occupational Division Before: J Millbank, Senior Member D Beaumont, Professional Member I McQualter, 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; (2) Pursuant to s 149C(1)(b) of the National Law, the Tribunal declares that the practitioner's registration as a Nurse on the National Register of Health Practitioners maintained by the Australian Health Practitioner Regulation Agency is cancelled from the date of this order; (3) Pursuant to s 149C(7) the practitioner may not make an application to the Tribunal under Division 8 to return to the register until 18 months from the date of this order; (4) The practitioner is prohibited, pursuant to s149C(5), from providing any "health services" as defined by s 5 of the National Law, until such time as a reinstatement order is made; (5) Costs in favour of the HCCC 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: Protective orders – professional misconduct; nurse practitioner – private practice – psychotherapy – sexualised boundary violations with two patients; events over two years apart – lack of collaborative arrangements with medical practitioners – lack of appropriate supervision – inappropriate billing to Medicare – prescribing without appropriate regard to physical health Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 64; Health Practitioner Regulation National Law 2009 (NSW) ('The National Law') s 149C(1)(b); s 149C(7); s 149C(5); cl 13(1) Sch 5D Cases Cited: HCCC v Do [2014] NSWCA 307; HCCC v Della Bruna [2014] NSWCATOD 31; HCCC v Jamieson [2014] NSWCATOD 56; HCCC v King [2013] NSWMT 9; HCCC v Litchfield (1997) 41 NSWLR 630; HCCC v Stone [2016] NSWCATOD 117; Qasim v HCCC [2015] NSWCA 282; Sabag v HCCC [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (HCCC), (Applicant) William James Stone (Respondent) Representation: Counsel: H Bennett (Applicant)