Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Hearing dates: 8 and 9 November 2018 Date of orders: 19 February 2019 Decision date: 19 February 2019 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member K Crews, Senior Member B Clarke, Senior Member Dr C Berglund, General Member Decision: 1. The complaints of unsatisfactory professional conduct and professional misconduct are proved.

2. Having found the complaints of unsatisfactory professional conduct and professional misconduct proved, the Tribunal makes the following directions for the provision of written submissions from the parties for stage two of the proceedings being the final orders:

(a) The applicant is to provide any further evidence and submissions to the Tribunal and the respondent within 14 days of the date of this decision;

(b) The respondent is to provide any further evidence and submissions to the Tribunal and the applicant within 28 days of the date of this decision;

(c) The applicant is to provide any further material in reply to the Tribunal and the respondent within 35 days of the date of this decision;

(d) the question of final orders is to be determined on the papers however the parties are given liberty to restore the matter to the list should they wish to seek an oral hearing of stage two of the proceedings. Catchwords: PROFESSIONS AND TRADES – Health Practitioner – Registered Nurse – use of Patient's credit card - false and/or misleading statements made to colleagues and the Health Care Complaints Commission. Failure to notify National Board of a criminal charge. Improper and unethical conduct. Whether conduct amounted to professional misconduct. Legislation Cited: Crimes Act NSW section 192E Health Practitioner Regulation National Law sections 130(1)(a)(i), 139B(1)(a),(b) and (l), 165J(3) Health Care Complaints Act 1993 Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Chowdhury [2015] NSWCATOD 65 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Do [2014] NSWCA 307 Lee v Health Care Complaints Commission [2012] NSWCA 80 R v Byrne [1995] 193 CLR 501 Texts Cited: Code of Ethics, Nursing and Midwifery Board Code of Professional Conduct, Nursing and Midwifery Board Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Kristen Shrimpton (Respondent) Representation: Counsel: Ms New (Applicant)