Health Care Complaints Commission v Keegan [2018] NSWCATOD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Keegan [2018] NSWCATOD 3 Hearing dates: 7 November 2017 Date of orders: 04 January 2018 Decision date: 04 January 2018 Jurisdiction: Occupational Division Before: S McIllhatton (Senior Member) J Dilworth (Senior Member) S Schulz-Robinson (Senior Member) J Sillince (General Member) Decision: The Tribunal, having found the complaints of unsatisfactory professional conduct and professional misconduct proved, orders that:

1. If the Practitioner were still registered, the Tribunal would have cancelled his registration.

2. The Practitioner is disqualified from being registered as a nurse for a period of 2 years.

3. That the National Board with which the Practitioner is registered, being the Nursing and Midwifery Board of Australia, record the fact that the Tribunal would have cancelled the Practitioner's registration in the National Register kept by the Board.

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. Under s.64 of the Civil and Administrative Tribunal Act 2013 the disclosure of the names of Patient A and B appearing in the Schedule to the Complaint (as amended) is prohibited.

6. The Practitioner is to pay the Commission's costs of and incidental to the proceedings. Catchwords: Unsatisfactory professional conduct – improper and unethical conduct - Viewing and sending a sexually explicit photograph - Professional Boundaries. Whether conduct amounted to professional misconduct. Where practitioner does not attend the hearing Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: HCCC v Liu [2016] NSWCATOD 133 HCCC v Perroux [2011] NSWDC 99 HCCC v Phung (No. 1) [2012] 1 NSWDT HCCC v Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Office of Local Government v Toma [2015] NSWCATOD 21 Pillai v Messiter (No 2) [1989] 16 NSWLR 197 Qidwai v Brown [1984] 1 NSWLR 100 R. v Byrne [1995] 193 CLR 501 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Edward Keegan (Respondent) Representation: Counsel: Ms Thomas (Applicant)