HCCC v Drinkwater; HCCC v Lilly; HCCC v Davies; HCCC v Chan [2019] NSWCATOD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HCCC v Drinkwater; HCCC v Lilly; HCCC v Davies; HCCC v Chan [2019] NSWCATOD 39 Hearing dates: 11, 12, 13, 14, 15 February 2019 Date of orders: 19 March 2019 Decision date: 19 March 2019 Jurisdiction: Occupational Division Before: J Millbank, Senior Member S Kennedy, Senior Member R Wilson, Senior Member B Seth, General Member Decision: Pursuant to findings of unsatisfactory professional conduct against Mr Davies and Ms Than, and of professional misconduct against Ms Drinkwater and Mr Lilly; 1. Leave is granted to the parties to apply to list Stage 2 for directions within 3 days of the release of these reasons, failing which; 2. The respondents are to file and serve written submissions within 14 days of the release of these reasons; 3. The HCCC to file and serve written submissions within a further 7 days; 4. Costs are reserved. Catchwords: TRADES AND PROFESSIONS – nursing – mental health nursing – failure to properly observe and attend to patient in an acute inpatient facility Legislation Cited: Health Practitioner Regulation National Law (NSW) 2009 ('The National Law') Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; HCCC v BXD (No 1) [2015] NSWCATOD 134; HCCC v Perroux [2011] NSWDC 99; HCCC v Sadek [2017] NSWCATOD 181; King v HCCC [2011] NSWCA 353 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Texts Cited: NSW Health, Policy Directive Health Records: Documentation and Management PD2012_69 (2012); NSW Health, Suicide Risk Assessment and Management Protocols: Mental Health In-Patient Unit (2004); Hunter New England Local Health District, Mental Health Procedure: 1.140.03 Handover of Clinical and Safety Information in In-Patient Units (2014); Hunter New England Local Health District, Minimum Standards of Patient Care for Adult Mental Health In-Patients, Policy 12_04 PCP 1 (2013); Hunter New England Local Health District, Mental Health Procedure: MH_LP 1.137.94 Levels of Observation (2015); Category: Principal judgment Parties: HCCC (Applicant) Lainie Drinkwater; Graeme Davies; Russell Lilly, Chit Chit Than (Respondents) Representation: Counsel: R Marthur (Applicant) K Doust (Drinkwater) M Byrne (Davies and Lilly) N Dawson (Than)