Health Care Complaints Commission v Mackie [2018] NSWCATOD 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mackie [2018] NSWCATOD 174 Hearing dates: 24 September 2018 Date of orders: 25 October 2018 Decision date: 25 October 2018 Jurisdiction: Occupational Division Before: O Shub, Principal Member Ms Elizabeth Angel, Senior Member Ms Maureen McGovern, Senior Member Mr Adam Johnston, General Member Decision: The Respondent is guilty of Unsatisfactory Professional Conduct and Professional Misconduct and the following orders were made:

1. The Respondent is not permitted to provide any health services until such time as he is registered as a Registered Nurse. 2. The Respondent is not permitted to apply for registration as a Registered Nurse for a period of four years from the date of this order. 3. The Respondent is to pay the Applicant's costs of the complaint in the sum of $7,200.00.

The Tribunal notes that the Tribunal would have cancelled the Respondent's registration in the National Register kept by the Board, if the Respondent had still been a registered nurse. Catchwords: PROFESSIONS AND TRADES - health care professionals – nurses - Registered nurse -Professional boundaries - Eating disorder - Mental health patient - Contact after discharge - Inappropriate access to clinical records - Personal and intimate relationship with patient Legislation Cited: Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) Health Records and Information Privacy Act 2002 (NSW) Mental Health Act 2007 Cases Cited: Bowen James v Walton (NSW Court of Appeal, 5 August 1991) Briginshaw v Briginshaw [1938] HCA 34; (1983) 60 CLR 336 Fraser v Health Care Complaints Commission [2015] NSWCA 421 Gaed v Walton (1997) NSWSC 279 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Engel Jones [2011] NSWNMT 233 Health Care Complaints Commission v Howe (2010) NSWMT 12 Health Care Complaints Commission v Jane Waddell (No 1) [2012] NSWNMT 17 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Scully [2011] NSWNMT 28 Health Care Complaints Commission v Sunjic [2008] NSWNMT 12 Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323 Lucire v Health Care Complaints Commission [2011] NSWCA 99 NSW Bar Association v Meakes [2006] NSWCA 340 Prakash v Health Care Complaints Commission (2006) NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant)