Health Care Complaints Commission v Elliott [2017] NSWCATOD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Elliott [2017] NSWCATOD 20 Hearing dates: 5 December 2016 Date of orders: 03 February 2017 Decision date: 03 February 2017 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member J Selkirk, Professional Member K Dixon, Professional Member D Bell, General Member Decision: (1) Pursuant to s 149C(1)(b) the Respondent's registration as an enrolled nurse is cancelled

(2) Pursuant to s.149C(7) of the National Law the Respondent is not to make any application for review of the cancellation of his registration for a period of 3 years from the date of the Tribunal's decision.

(3) Pursuant to s.149C(5) of the National Law, the Respondent is prohibited from providing all health services unless and until he is re-registered as an enrolled nurse.

(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) Pursuant to s.64 of the Civil and Administrative Tribunal Act 2013 the disclosure of the name of Patient A appearing in the Schedule to the Complaint is prohibited.

(6) The Respondent is to pay the Applicant's costs of and incidental to the proceedings. Catchwords: Unsatisfactory professional conduct – inappropriate relationship with patient while therapeutic relationship continues – failure to maintain appropriate professional boundaries – improper and unethical conduct. Whether conduct amounted to professional misconduct. Where practitioner does not attend the hearing Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: R. v Byrne [1995] 193 CLR 501 HCCC v Phung (No. 1) [2012] 1 NSWDT HCCC v Perroux [2011] NSWDC 99 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 HCCC v Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Do [2014] NSWCA 307 Qidwai v Brown [1984] 1 NSWLR 100 Pillai v Messiter (No 2) [1989] 16 NSWLR 197 Lee v Health Care Complaints Commission [2012] NSWCA 80 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Anthony Elliott (Respondent) Representation: Counsel: S Talbert (Applicant)