Health Care Complaints Commission v Chester [2018] NSWCATOD 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chester [2018] NSWCATOD 68 Hearing dates: On the Papers Date of orders: 11 May 2018 Decision date: 11 May 2018 Jurisdiction: Occupational Division Before: O Shub, Principal member V Gibson, Senior Member A Currie, Senior Member P Macniell, General Member Decision: Leave is granted to the Applicant to withdraw the complaint against the respondent. Catchwords: Registered Nurse, improper or unethical conduct, failure to maintain ethical boundaries, notifiable conduct, surrender of registration, withdrawal of complaint Legislation Cited: Health Care Complaints Act 1993; Health Practitioner Regulation National Law (NSW). Cases Cited: Harman v Secretary of State for the Home Department [1983] 1 AC 280; Hearne v Street [2008] HCA 36; Health Care Complaints Commission v BQB [2014] NSWCATOD 157. Category: Principal judgment Parties: Health Care Complaints Commission (HCCC) (Applicant) Ms Juliet Sarah Chester (Respondent) File Number(s): 2017/0043555 Publication restriction: The name and details of Patient A are suppressed.

Reasons for decision

Background/History 1. The matter consists of a complaint brought by the Applicant having consulted with the Nursing and Midwifery Council of New South Wales in accordance with sections 39(2) and 90B(3) of the Health Care Complaints Act 1993 and Section 145A of the Health Practitioner Regulation National Law (NSW) (The National Law) pursuant to which the Applicant complains that the respondent being a nurse registered under the National Law is guilty of unsatisfactory professional conduct under section 139B(1)(a) and or 139B(1)(l) of the National Law in that the practitioner has engaged in conduct that demonstrates the knowledge, skill or judgement possessed or care exercised by her in the practice of nursing is significantly below the standard reasonably expected of an equivalent level of training or experience. 2. Engaged in improper or unethical conduct relating to the practise or purported practise of nursing. 3. The Applicant states that each of the particulars 1(a)-(h) of the complaint set out below in itself justifies a finding of unsatisfactory professional conduct. In the alternative, when two or more of the particulars are taken together a finding of unsatisfactory professional conduct is justified.