Health Care Complaints Commission v Willis [2018] NSWCATOD 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Willis [2018] NSWCATOD 136 Hearing dates: 17 and 18 May 2018 Date of orders: 21 August 2018 Decision date: 21 August 2018 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member G Tolhurst, Senior Member R Wilson, Senior Member B Radcliffe, General Member Decision: The Tribunal, having found the complaints of unsatisfactory professional conduct and professional misconduct proved, orders that:

1 The Practitioner is reprimanded. 2 The conditions appearing in "Attachment A" to these reasons are to be placed on the Practitioner's registration for a period of 12 months from the date of this decision. These conditions are as follows: (1) Within 28 days of the date of this decision, the Practitioner is to nominate a registered experienced Nurse to act as her professional mentor for approval by the Nursing and Midwifery Council of New South Wales ('the Council') in accordance with any policies on Mentoring (as varied from time to time) that may exist. The Practitioner is: (i) To be mentored for a minimum period of 12 months, and as subsequently determined by the Council. (ii) To participate in meetings with the mentor on a monthly basis for the first 6 months, and afterwards at a frequency to be determined by the mentor. (iii) To authorise the Council to provide the mentor with a copy of this decision. (iv) To authorise the mentor to report to the Council on a quarterly basis. (v) To authorise the mentor to inform the Council immediately if the mentoring relationship ends, or of any significant concerns regarding the Practitioner, or her compliance with any conditions on her registration. (2) The Practitioner shall within 12 months of the date of this decision undertake and complete the following on line courses offered by Health Education and Training (HETI) My Health Learning and provide evidence in writing to the Council of her successful completion of the courses: (i) Nursing, Midwifery and the Law (ii) Clinical Documentation – Getting it Right (iii) Accountability – Improving the way we work (3) If any of the courses specified in Condition (2) are unavailable then the Practitioner is to complete equivalent courses as approved by the Council. (4) All costs associated with completing the courses are to be met by the Practitioner. 3 The Nursing and Midwifery Council of NSW is the appropriate review body of these conditions for the purposes of Part 8 of the National Law, or if the practitioner resides in a State other than NSW then sections 125 to 127 of the Health Practitioner Regulation National Law shall apply. 4 The Registrar is requested to notify the Nursing and Midwifery Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1 – 3 above as soon as practicable. 5 The Practitioner is to pay the costs of the Health Care Complaints Commission of and incidental to these proceedings as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW) Catchwords: PROFESSIONS AND TRADES – Health Practitioner – Registered Nurse – medication handling practice – administration of Schedule 4 medication - whether conduct constitutes unsatisfactory professional conduct and professional misconduct – consideration of appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law Health Practitioner Regulation (New South Wales) Regulation 2010 Legal Profession Uniform Law Application Act 2014 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 at 67 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Perroux [2011] NSWDC 99 Health Care Complaints Commission v Phung (No. 1) [2012] 1 NSWDT Health Care Complaints Commission v Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Office of Local Government v Toma [2015] NSWCATOD 21 R. v Byrne [1995] 193 CLR 501 Sabag v HCCC [2001] NSWCA 411 Heath Care Complaints Commission v Quan [2018] NSWCATOD 111 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Imogen Willis (Respondent) Representation: Applicant: Mr Bhalla (Counsel) Respondent Mr Byrne (Solicitor)