Health Care Complaints Commission v Pearson [2018] NSWCATOD 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Pearson [2018] NSWCATOD 59 Hearing dates: On the papers Date of orders: 27 April 2018 Decision date: 27 April 2018 Jurisdiction: Occupational Division Before: R C Titterton, Principal Member Decision: 1. The Tribunal consents to the withdrawal of the application.

2. The application is dismissed. Catchwords: TRADES AND PROFESSION –– Nursing –– Health Practitioner Regulation National Law ––nurse practitioner cannot be located –– nurse practitioner not registered Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Practitioners Regulation National Law Cases Cited: Health Care Complaints Commission v Campbell [2014] NSWCATOD 107 Health Care Complaints Commission v Khan [2014] NSWCATOD 83 Health Care Complaints Commission v Sarfraz [2015] NSWCATOD 75 Health Care Complaints Commission v Singh [2016] NSWCATOD 85 Category: Procedural and other rulings Parties: Health Care Complaints Commission (Applicant) Elizabeth Ann Pearson (Respondent) Representation: Solicitors:

Health Care Complaints Commission (Applicant) Respondent: No appearance File Number(s): 2017/00290221

REASONS FOR DECISION

Introduction 1. This is an application of the Health Care complaints Commission (the Commission) to withdraw its application for disciplinary findings and orders filed 25 September 2017. 2. In its application, the Commission alleged that the respondent, Ms Pearson, suffers from an impairment, lacks competence to practice as a nurse and has engaged in unsatisfactory professional conduct under s 139B(1)(b) and (e) of the Health Practitioners Regulation National Law (National Law). 3. The matter has been listed for a number of directions hearings, namely on 3 November 2017, 1 December 2017, 9 February 2018 and 9 March 2018. On each occasion there has been no appearance of Ms Pearson. 4. The Commission has attempted to contact Ms Pearson via the telephone numbers and email addresses it holds on file, but has been unsuccessful. The Commission does not have any alternative contact details to submit to the Tribunal to make an application for substituted service. Accordingly, the Commission is not satisfied that Ms Pearson is aware of the proceedings against her. 5. On 9 March 2018, Boland ADCJ directed that the present application could proceed "on the papers". 6. After reading the application, correspondence to the Tribunal and Commission's submissions, I am satisfied that it is not in the interests of the public for the application for disciplinary orders to proceed to a hearing, that the complaint should be withdrawn and the application dismissed.