Health Care Complaints Commission v Borthistle [2017] NSWCATOD 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Borthistle [2017] NSWCATOD 56 Hearing dates: 23, 24, 25 November 20169 March 2017 (final submissions) Date of orders: 12 April 2017 Decision date: 12 April 2017 Jurisdiction: Occupational Division Before: A Britton, Principal Member S Kennedy, Professional Member G Tolhurst, Professional Member D Anderson, General Member Decision: (1) If Ms Borthistle were still registered the Tribunal would have cancelled her registration pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW). (2) Pursuant to s 149C(4) of the Health Practitioner Regulation National Law (NSW) the National Board is required to record the fact that the Tribunal would have cancelled Ms Borthistle's registration in the National Register kept by the Board. (3) Pursuant to s 149C(5) of the Health Practitioner Regulation National Law (NSW), Ms Borthistle is prohibited from providing services as an assistant in nursing and mental health services, until such time that she is re-registered as a nurse. (4) Within six weeks of the date of this decision, the Commission must file and serve proposed orders under cl 13(3A), Sch 5D to the National Law and submissions in support. (5) Within eight weeks of the date of this decision, Ms Borthistle must file and serve proposed orders under cl 13(3A), Sch 5D to the National Law and submissions in support. (6) Both parties are invited to address in their respective submissions whether the issue of the apportionment of costs can be adequately determined on the basis of written submissions and without holding a further hearing. Catchwords: PROFESSIONS AND TRADES –— health practitioner — whether practitioner guilty of unsatisfactory professional conduct — whether practitioner guilty of professional misconduct — appropriate protective orders where finding made that practitioner is guilty of professional misconduct — pre-condition to making a "prohibition order"