Health Care Complaints Commission v Gallard (No 2) [2018] NSWCATOD 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Gallard (No 2) [2018] NSWCATOD 63 Hearing dates: 23 April 2018 Date of orders: 01 May 2018 Decision date: 01 May 2018 Jurisdiction: Occupational Division Before: J Millbank, Senior Member C Doyle, Senior Member S Hillsley, Senior Member S Lovrovich, General Member Decision: (1) Cancellation of the practitioner's registration as both a nurse and a midwife under s 149C(1)(b) of the National Law;

(2) The practitioner may not apply for review of the order for 10 months from the date of the order per s 149(7); and

(3) 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: PROFESSIONS AND TRADES – Nursing and Midwifery – handling and administration of Schedule 8 medications – misappropriation of Schedule 8 medication – impairment by reason of dependence upon prescription medication – appropriate orders Legislation Cited: Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Gad v Health Care Complaints Commission [2002] NSWCA 111 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Gallard [2017] NSWCATOD 169 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Lee v Health Care Complaints Commission [2012] NSWCA 80 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Michelle Gallard (Respondent) Representation: Counsel: B Tronson (Applicant) Nil (Respondent)