Clarke v Nursing and Midwifery Council [2017] NSWCATOD 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Clarke v Nursing and Midwifery Council [2017] NSWCATOD 163 Hearing dates: 4 October 2017 Date of orders: 15 November 2017 Decision date: 15 November 2017 Jurisdiction: Occupational Division Before: J Millbank, Senior Member V Gibson, Professional Member S Kennedy, Professional Member P Hooker, Community Member Decision: The appeal is dismissed. Catchwords: Nursing – appeal against interim conditions on registration – failure of practitioner to undertake performance assessment on health grounds – failure to undertake requested health assessment – condition imposed not to practice – condition imposed to undertake health assessment – whether conditions appropriate for the protection of the public or otherwise in the public interest Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law NSW 2009 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; Colquhoun v Psychology Council of NSW [2011] NSWPST 3 Hanna v Medical Council of NSW [2017] NSWCATOD 27; I v Medical Board of Australia [2011] SAHPT 18; Liddell v Medical Board of Australia [2012] WASAT 120; Lindsay v NSW Medical Board [2008] NSWSC 40; Ord v Nursing and Midwifery Board of Australia [2014] QCAT 688; R v Medical Board of Australia [2013] WASAT 28; Saedlounia v Medical Council of New South Wales [2015] NSWCATOD 53; Shahinper v Psychology Board of Australia [2013] QCAT 593; Category: Principal judgment Parties: Ms Clarke (Appellant) Nursing and Midwifery Council (Respondent) Representation: Counsel: Ms Bennett (Respondent)