Health Care Complaints Commission v Picones [2018] NSWCATOD 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Picones [2018] NSWCATOD 56 Hearing dates: 4, 5 April 2018 Date of orders: 05 April 2018 Decision date: 24 April 2018 Jurisdiction: Occupational Division Before: J Millbank, Senior Member S Hillsley, Senior Member A Walsh, Senior Member H Schutz, General Member Decision: 1. Cancellation of the practitioner's registration under s 149C(1)(b) of the National Law with immediate effect from 5 April 2018.

2. The practitioner may not apply for review of the order for 12 months from the date of the order per s 149(7).

3. A prohibition order per s 149C(5)(a) preventing the practitioner from undertaking any health service as defined by s 4 of the Health Care Complaints Act 1993 (NSW) for the duration of the cancellation order.

4. Respondent to pay the Applicant's costs of these proceedings pursuant to cl 13(1) of Sch 5D of the National Law as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: Nursing – mental health nursing – adolescent patients – multiple boundary violations – multiple dispensing of sedating medication not clinically indicated and not recorded – false and misleading evidence Legislation Cited: Health Practitioner Regulation National Law 2009 (NSW) ('The National Law') s 3A; s 139B; s 139E; cls 7 and 13(1) Sch 5D Cases Cited: Briginshaw v Briginshaw [1938] HCA 34, (1983) 60 CLR 336; Chen v Health Care Complaints Commission [2017] NSWCA 186; Gad v Health Care Complaints Commission [2002] NSWCA 111; Health Care Complaints Commission v BXD (No 1) [2015] NSWCATOD 134; Health Care Complaints Commission v Do [2014] NSWCA 307; Health Care Complaints Commission v Fisher [2016] NSWCATOD 62; Health Care Complaints Commission v Flekser [2016] NSWCATOD 1; Health Care Complaints Commission v Fraser [2014] NSWCATOD 29; Health Care Complaints Commission v Gower [2011] NSWNMT 17; Health Care Complaints Commission v Litchfield (1977) 41 NSWLR 630; Health Care Complaints Commission v Mitchell [2015] NSWCATOD 15; Health Care Complaints Commission v Perroux [2011] NSWDC 99; Health Care Complaints Commission v Phung (No 1) [2012] 1 NSWDT 3; Health Care Complaints Commission v Piper [2014] NSWCATOD 62; Health Care Complaints Commission v Sloane [2018] NSWCATOD 37; Lee v Health Care Complaints Commission [2012] NSWCA 80; Pillai v Messiter (No 2) (1989) 16 NSWLR 197; Qasim v Health Care Complaints Commission [2015] NSWCA 282; Sabag v Health Care Complaints Commission [2001] NSWCA 411; Slezak, Dr Peter [2011] NSWMPSC 10; Sudath v Health Care Complaints Commission [2012] NSWCA 171. Texts Cited: NSW Health, PD2012_69, Health Care Records – Documentation and Management (2012); NSW Health, PD2013_043, Medication Handling in NSW Public Health Facilities (2013); Nursing and Midwifery Board of Australia, Code of Ethics (2008); Nursing and Midwifery Board of Australia, Code of Professional Conduct (2008); Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Kevin Lloyd Picones (Respondent) Representation: Counsel: R Bhalla (Applicant) L Toose (Respondent)