DXA v Nursing and Midwifery Council of New South Wales [2018] NSWCATOD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DXA v Nursing and Midwifery Council of New South Wales [2018] NSWCATOD 143 Hearing dates: 27 June 2018 Date of orders: 27 June 2018 Decision date: 27 June 2018 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member A Currie, Senior Member S Moore, Senior Member S Lovrovich, General Member Decision: (1) The appeal is upheld.

(2) The practice conditions imposed on the registration of the appellant by the respondent are revoked.

(3) The respondent is to pay the costs of the appellant, assessed in default of agreement Catchwords: PROFESSIONS AND TRADES - health care professionals – nurses – practice conditions – material not of relevant probative value – denial of natural justice Legislation Cited: Health Practitioner Regulation National Law Category: Principal judgment Parties: DXA (Applicant) Nursing and Midwifery Council of New South Wales (Respondent) Representation: Counsel: P Griffin SC (Appellant) H Bennett (Respondent)

Solicitors: Health Professionals Councils Authority (Respondent) File Number(s): 2018/00051188 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 an order is made prohibiting publication of the name of the appellant or any material that would identify her in the ex-tempore reasons for decision of the Tribunal made on 27 June 2018.