Health Care Complaints Commission v Hudson [2019] NSWCATOD 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hudson [2019] NSWCATOD 38 Hearing dates: 20, 21 February 2019 Date of orders: 14 March 2019 Decision date: 14 March 2019 Jurisdiction: Occupational Division Before: J Millbank, Senior Member L Gregory, Senior Member K Mawson, Senior Member M Maher, General Member Decision: (1) Pursuant to findings of unsatisfactory professional conduct and professional misconduct, under s149C(4)(a) of the National Law if the practitioner was still registered as a nurse the Tribunal would have cancelled his registration; (2) Pursuant to s149C(4)(b) of the National Law the practitioner is disqualified from being registered as a nurse for a period of 1 year from the date of this decision; (3) Pursuant to s149C(4)(c) of the National Law, the Tribunal requires the Nursing and Midwifery Board to record the fact that had he been registered the Tribunal would have cancelled Mr Hudson's registration for a period of 1 year from the date of this decision; (4) Pursuant to s 149C(5A) of the National Law, the practitioner is prohibited from providing health services as defined by s 4 of the Health Care Complaints Act 1993 (NSW) for a period of 1 year from the date of this decision; (5) The Respondent to pay 80 per cent of the Applicant's costs of these proceedings pursuant to cl 13(1) of Sch 5D of the National Law as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW); (6) A non-publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting disclosure or publication of the name of Patient A listed in the schedule to the complaint and any other patient named in evidence. Catchwords: TRADES AND PROFESSIONS – nursing – mental health nursing – sexual relationship with former patient – impairment – recurrent psychotic condition Legislation Cited: Health Practitioner Regulation National Law (NSW); Health Care Complaints Act 1993 (NSW); Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Grant v Health Care Complaints Commission [2003] NSWCA 73 Health Care Complaints Commission v Firth [2015] NSWCATOD 118 and [2015] NSWCATOD 84 Health Care Complaints Commission v Hollis [2019] NSWCATOD 6 Health Care Complaints Commission v Nelson [2019] NSWCATOD 22 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: Nursing and Midwifery Board of Australia, Code of Professional Conduct for Nurses in Australia (2008); Nursing and Midwifery Board of Australia, A Nurse's Guide to Professional Boundaries (2010) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Nathan Hudson (Respondent) Representation: Counsel: L Thomas (Applicant) Mr Hudson was self represented.