Health Care Complaints Commission v Hollis [2019] NSWCATOD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hollis [2019] NSWCATOD 6 Hearing dates: 14, 15 November 2018 Date of orders: 02 January 2019 Decision date: 02 January 2019 Jurisdiction: Occupational Division Before: A P Coleman SC, Senior Member J Flood, Senior Member H Schutz, General Member S Kennedy, Senior Member Decision: (1) Pursuant to s 149C(4)(a) of the National Law order that if the respondent were still registered his registration would have been cancelled; (2) Pursuant to s 149C(4)(b) of the National Law order that the respondent is disqualified from being a registered nurse for 24 months; (3) Pursuant to s 149C(4)(c) of the National Law require the National Board to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board; (4) Pursuant to s 149C(5A) of the National Law order that the respondent is prohibited from working as an Assistant in Nursing and from providing any of the following health services as defined by s 4 of the Health Care Complaints Act 1993 (NSW), whether provided as a public or private service, unless and until he is registered as a nurse: (i) Therapy; (ii) Counselling (iii) Psychotherapy (iv) Hypnotherapy (v) Welfare services (vi) Mental health services (vii) Services provided in other alternative healthcare fields. (5) Pursuant to s 149C(7) of the National Law order that the respondent cannot seek a review of the orders made by the Tribunal for an 18 month period. (6) The Respondent is to pay the applicant's costs of the proceedings, as agreed or assessed. Catchwords: PROFESSIONS: Registered Nurse- Professional Misconduct, Disqualification and Protective orders made. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Health Practitioner Regulation National Law (NSW) No 86a. Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v New South Wales Bar Association (1960) 104 CLR 186 HCCC v Do [2014] NSWCA 307 HCCC v Litchfield (1997) 41 NSWLR 630 HCCC v Reid [2018] NSWCATOD162 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Zachary Thomas Hollis (Respondent) Representation: Counsel: Mr S J Maybury (Applicant) Mr R Moore (Respondent)