Health Care Complaints Commission v Achurch [2019] NSWCATOD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Hearing dates: 31 August 2018 Date of orders: 08 February 2019 Decision date: 08 February 2019 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member L Schalk, Senior Member G Tolhurst, Senior Member G Alder, General Member Decision: 1. The Tribunal, having found that the respondent has been convicted of offences in the State of New South Wales and that the respondent is guilty of unsatisfactory professional conduct, orders that: a. the Health Care Complaints Commission is within 28 days of the date of this order to file and serve written submissions in respect of appropriate protective orders and costs; b. The respondent is, within 49 days of the date of this order, to file and serve written submissions in respect of appropriate protective orders and costs; c. The Health Care Complaints Commission is, within 7 days of receipt of the respondent's submissions, to file and serve written submissions, if any, in reply; d. The proceedings are to be listed for a further half day of hearing to determine the outcomes of the proceedings on a date to be fixed by the Registrar. Catchwords: PROFESSIONS AND TRADES - Health care professionals – Nurses – Where nurse admitted to having been convicted of drug offences – Where nurse admitted to contravening the National Law by failing to notify the regulator of criminal charges and by failing to provide details of the change in her criminal history when applying for registration renewal – Whether the misleading statements on nurse's renewal applications capable of constituting "other improper or unethical conduct" within s 139B(1)(l) of the National Law – Whether admitted criminal conduct and contraventions of the National Law makes the nurse "otherwise" not suitable to hold registration - Meaning of s 144(e) of the National Law – Whether supplying prohibited drugs makes nurse unsuitable to hold registration where she is remorseful for her conduct Legislation Cited: Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336, [1938] HCA 34 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Health Care Complaints Commission v Geary [2018] NSWCATOD 15 Health Care Complaints Commission v Haasbroek [2018] NSWCATOD 177 Health Care Complaints Commission v Istephan (No 2) [2017] NSWCATOD 116 Health Care Complaints Commission v Jung [2018] NSWCATOD 53 Health Care Complaints Commission v Kennedy [2017] NSWCATOD 72 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Health Care Complaints Commission v Marsh [2016] NSWCATOD 155 Health Care Complaints Commission v Menz [2017] NSWCATOD 141 Health Care Complaints Commission v Simpson [2018] NSWCATOD 49 Health Care Complaints Commission v Turner [2016] NSWCATOD 163 Law Society of NSW v Webb [2018] NSWCATOD 55 Texts Cited: Macquarie Dictionary Online (2019, Macmillan Publishers Australia) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Simone Achurch (Respondent) Representation: Counsel: N Evans and P Aitken (Applicant)