Health Care Complaints Commission v Aref [2018] NSWCATOD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Aref [2018] NSWCATOD 133 Hearing dates: 1, 2 August 2018 Date of orders: 16 August 2018 Decision date: 16 August 2018 Jurisdiction: Occupational Division Before: J Millbank, Senior Member M McGovern, Senior Member B Clarke, Senior Member J Sillince, General Member Decision: (1) Mr Aref is reprimanded for breach of patient privacy and confidentiality.

(2) The practitioner's registration as a nurse is suspended under s 149C(1)(b) of the National Law for a period of six months from the date of these orders.

(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: TRADES AND PROFESSIONS ─ nursing ─ health records ─ practitioner improperly accessed centralised health records of six patients and himself ─ patient health records accessed for personal advantage of practitioner Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 64 Health Practitioner Regulation National Law NSW 2009 (NSW) ss 139B; 139E; Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; 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 Karalasingham [2007] NSWCA 267; Health Care Complaints Commission v Perroux [2011] NSWDC 99; Health Care Complaints Commission v Philipiah [2013] NSWCA 342; Health Care Complaints Commission v Phung (No 1) [2012] 1 NSWDT 3; Health Care Complaints Commission v Simonson [2017] NSWCATOD 87; Lee v HCCC [2012] NSWCA 80; Litchfield v Health Care Complaints Commission (1997) 41 NSWLR 630; Pillai v Messiter (No 2) (1989) 16 NSWLR 197; Sabag v Health Care Complaints Commission [2001] NSWCA 411; Texts Cited: NSW Health Care Code of Conduct and PD2009_76 Use & Management of Misuse of NSW Health Communication Systems; NSW Health Policy Directive, PD2012_018; NSW Health Policy Directive, PD2013_033 Electronic Information Security Policy; Nursing and Midwifery Board of Australia Code of Professional Conduct for Nurses in Australia Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Shams Aref (Respondent) Representation: Counsel: C Mitchell (Applicant) Respondent self-represented