Health Care Complaints Commission v Turner [2016] NSWCATOD 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Turner [2016] NSWCATOD 163 Hearing dates: 26 September 2016 Date of orders: 23 December 2016 Decision date: 23 December 2016 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member J Dilworth, Professional Member K Dixon, Professional Member B Smith, Lay Member Decision: 1. If the Respondent (Ms Turner) was registered as a nurse and midwife at the date of these orders the Tribunal would have cancelled her registration.

2. The Respondent is disqualified from seeking registration as a nurse and/or midwife for a period of two years from the date of these orders.

3. Unless and until the Respondent is registered as a nurse and/or midwife, she is prohibited from providing the following health services:

a) Hospital services; b) Pharmaceutical services and; c) Ambulance services.

4. The Registrar is requested to notify the Nursing and Midwifery Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1, 2 and 3 above as soon as practicable.

5. An order under s.64 of the Civil and Administrative Tribunal Act 2013 prohibiting the disclosure of the names of Patient A and B appearing in the Schedule to the Complaint.

6. The Respondent is to pay the Applicant's costs. Catchwords: Misappropriation of drugs of addiction. Unsatisfactory Professional Conduct. Improper and unethical. Professional Misconduct. Impairment and Competency to Practice Nursing. Local Court Criminal Conviction. Where practitioner does not attend the hearing Legislation Cited: Health Practitioners National Law NSW Cases Cited: R. v Byrne (1995) 193 CLR 501 HCCC v Phung (No. 1) [2012] 1 NSWDT 1 Childs v Walton [1990] NSWCA 41 HCCC v Perroux [2011] NSWDC 99 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 HCCC v Saedlounia [2013] NSWMT 13 at 43-50 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Lee v HCCC [2012] NSWCA 80 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342. Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Sheree Turner (Respondent) Representation: Counsel: S Maybury (Applicant)