NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Cain (No. 2) [2017] NSWCATOD 171 Hearing dates: On the papers Date of orders: 30 November 2017 Decision date: 30 November 2017 Jurisdiction: Occupational Division Before: A Britton, Principal Member D Beaumont, Senior Member V Gibson, Senior Member A Glass, General Member Decision: (1) Mr Cain is reprimanded.
(2) The following conditions are imposed on Mr Cain's registration:
(a) Mr Cain is not to engage in solo practice for a period of 12 months or for any further period determined as appropriate by the Council of the Nursing and Midwifery Council (the Council). This condition comes into effect in three months from the date of this decision.
(b) The following supervisory conditions will come into effect in three months from the date of this decision or such earlier date as determined by Mr Cain.
(c) Mr Cain may only practise as a registered nurse under the supervision of a registered nurse (Division 1) who does not have conditions on his/her practice and is approved by the Council (the Supervisor). Supervision may be remote, that is, where the Supervisor is:
(i) On site, but not working in close proximity to Mr Cain; or
(ii) Off site or working remotely from Mr Cain. At all times the Supervisor must be accessible to Mr Cain to provide advice either in person or by telephone.
(d) Mr Cain must provide the name and contact details of the proposed Supervisor to the Nursing and Midwifery Council for approval.
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