Health Care Complaints Commission v CSM [2019] NSWCATOD 41

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v CSM [2019] NSWCATOD 41 Hearing dates: 25 February 2019 Date of orders: 21 March 2019 Decision date: 21 March 2019 Jurisdiction: Occupational Division Before: A Britton, Principal Member S Kennedy, Professional Member A Flanagan, Professional Member B Smith, General Member Decision: (1) Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW) (the National Law), the Tribunal decides that if CSM were still registered as a nurse, the Tribunal would have cancelled his registration.

(2) Pursuant to s 149C(4)(b) of the National Law, CSM is subject to a 12 month disqualification period commencing 5 October 2016.

(3) Pursuant to s 149C(4)(b) of the National Law, the Nursing and Midwifery Board of Australia is required to record the fact that the Tribunal would have cancelled CSM's registration in the National Register kept by the Board. Catchwords: ADMINISTRATIVE LAW — health practitioner — appropriate disciplinary orders where person is found guilty of professional misconduct

PRACTICE AND PROCEDURE — relationship between an order made under s 149C(4)(b) and a non-publication order made under cl 7 of Sch 5D of the National Law Legislation Cited: Health Practitioner Regulation National Law (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Cases Cited: Health Care Complaints Commission v CSM [2016] NSWCATOD 125 Health Care Complaints Commission v CSM [2018] NSWSC 902 Health Care Complaints Commission v Do [2014] NSWCA 307 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) CSM (Respondent) Representation: Counsel: N Evans (Applicant)