Health Care Complaints Commission v Szulik [2018] NSWCATOD 188

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Szulik [2018] NSWCATOD 188 Hearing dates: 10 October 2018 Date of orders: 27 November 2018 Decision date: 27 November 2018 Jurisdiction: Occupational Division Before: O Shub, Principal Member Dr S Schulz-Robinson, Senior Member Ms K Eyre, Senior Member Ms A Gray, General Member Decision: The Respondent is guilty of Unsatisfactory Professional Conduct pursuant to s139B of the National Law and of Professional Misconduct pursuant to s139E of the National Law. Accordingly, the Tribunal makes the following orders:

(1) The Respondent is disqualified from being registered in the health profession for a period of four years from the date of these orders.

(2) The Respondent is prohibited from providing any health services until he obtains a reinstatement order from the Tribunal.

(3) The Respondent is to pay the costs of the Applicant in the agreed sum of $10,000.

The Tribunal notes that if the Respondent were still registered, the Tribunal would have cancelled the Respondent's registration. Catchwords: Registered nurse; Registration surrendered; Professional boundaries; Mental health patient; Inappropriate access to clinical records; Personal and intimate relationship with patient Legislation Cited: Civil and Administrative Tribunal Act (NSW) 2013 Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Gad v HCCC [2002] NSWCA 111 Health Care Complaints Commission v A NURSE [2010] NSWNMT 31 Health Care Complaints Commission v Dr Gow (Suppression order) [2008] NSWMT 3 Health Care Complaints Commission v Khan [2014] NSWCATOD 83 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Ngo [2015] NSWCATOD 143 Health Care Complaints Commission v DAC [2017] NSWCATOD 48 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Roland Von Marburg [2012] NSWMT 5 Health Care Complaints Commission v Duggan [2015] NSWCATOD 142 Health Care Complaints Commission v Perry [2015] NSWCATOD 76 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Sharah [2015] NSWCATOD 99 Health Care Complaints Commission v Tan [2016] NSWCATOD 77 Health Care Complaints Commission v XC [2015] NSWCATOD 9 Lee v HCCC [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mr John Richard Szulik (Respondent) Representation: Solicitor: Health Care Complaints Commission (Applicant) NSW Nurses and Midwives' Association (Respondent) File Number(s): 2018/00127719 Publication restriction: Non-publication Order with respect to the identity of, and in relation to, Patient A