DPD v Nursing and Midwifery Council of NSW (No 3) [2018] NSWCATOD 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DPD v Nursing and Midwifery Council of NSW (No 3) [2018] NSWCATOD 192 Hearing dates: 26 October 2018 Date of orders: 03 December 2018 Decision date: 03 December 2018 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Decision: 1. The appeal filed on 2 October 2018 is dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW). 2. Each party is to pay their own costs of the proceedings. Catchwords: PROFESSONS AND TRADES – registered health practitioner – registered nurse – purported appeal under the Health Practitioner Regulation National Law – where there is no jurisdiction to appeal a Performance Assessment Report Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: DPD v Nursing and Midwifery Council of NSW [2018] NSWCATOD 170 DPD v Nursing and Midwifery Council of NSW No 2 [2018] NSWCATOD 144 Category: Procedural and other rulings Parties: DPD (Applicant) Nursing and Midwifery Council of NSW (Respondent) File Number(s): 2018/00300101 Publication restriction: An order was made by consent on 21 September 2018 prohibiting the publication of the name of the applicant under cl 7 of Schedule 5D of the Health Practitioner Regulation National Law.

REASONS FOR DECISION

The appeal 1. Ms DPD is a registered nurse. She is self-represented. This is her fourth external appeal or application filed in the Tribunal in 2018. The present appeal was filed on 2 October 2018. The External Appeal form under para 2 "Decision Appealed" states "I attach a copy of the decision I am appealing". It further records "the date I was notified about the decision is 29 September 2018". 2. The nurse annexes, among other documents, a document headed "Performance Assessment Report" (the report) dated 20 September 2018 authored by assessors Gillian Taylor and Joan Lynch. The assessors are assessors who conducted a performance assessment of the nurse's skills at St Vincent's Hospital, Darlinghurst on 27 August 2018.