Health Care Complaints Commission v Kurzveil [2019] NSWCATOD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Kurzveil [2019] NSWCATOD 42 Hearing dates: 5 March 2019 Date of orders: 27 March 2019 Decision date: 27 March 2019 Jurisdiction: Occupational Division Before: The Honourable F Marks, Principal Member V Gibson, Senior Member D Armitage, Senior Member Dr J Griffin, General Member Decision: (1) Pursuant to s 149C(4)(a) of the National Law order that if the respondent were still registered his registration would have been cancelled; (2) Pursuant to s 149C(4)(b) of the National Law order that the respondent is disqualified from being a registered nurse for 36 months; (3) Pursuant to s 149C(4)(c) of the National Law require the National Board to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board; (4) Pursuant to s 149C (7) of the National Law order that the respondent cannot seek a review of the orders made by the Tribunal for 33 months. (5) Pursuant to s 163 of the National Law, that the Tribunal is the appropriate review body for any review of these orders. (6) That pursuant to Sch 5D, cl 13(3A) of the National Law the applicant is awarded its costs in the amount of $17,000.00. Catchwords: Nurse-allegations of professional misconduct-admissions by respondent-impairment by reason of polysubstance abuse disorder-finding of professional misconduct and impairment-order for cancellation of registration if the respondent had remained registered-consequential orders – costs order made. Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Cody Jerry Kurzveil (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) C Kurzveil (Self Represented)(Respondent) File Number(s): 2018/00304524 Publication restriction: Non-publication order with respect to any person who was an inpatient in any hospital in which the Respondent was employed at the time the conduct which is the subject of these proceedings occurred and any information which might tend to identify such person