Health Care Complaints Commission v Shrimpton (No.2) [2019] NSWCATOD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Shrimpton (No.2) [2019] NSWCATOD 48 Hearing dates: On the papers Date of orders: 03 April 2019 Decision date: 03 April 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 Respondent's registration as a nurse is cancelled from the date of this decision being stage two of the proceedings 2. The Respondent is prohibited from providing health services as an assistant in nursing unless and until such a time as she is registered as a Nurse 3. The Respondent is not to make any application for review of the cancellation of her registration for a period of three years from the date of this decision. 4. The Registrar is requested to notify the Nursing and Midwifery Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1, 2 and 3 above as soon as practicable 5. Under Sch 5D, cl 13(3A) of the National Law the Respondent is to pay the costs of the Health Care Complaints Commission fixed in the amount of $17,473.61 Catchwords: PROFESSIONS AND TRADES – Health Practitioner – Registered Nurse – Cancellation of Registration – Prohibition Order – Substantial risk to the health of the public COSTS – Setting of fixed costs Legislation Cited: Health Practitioner Regulation National Law sections 130(1), 149A, 149B and 149C; and Schedule 5D, Clause 13 Crimes Act 1990 (NSW) section 192E Cases Cited: Lee v HCCC [2012] NSWCA 80 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Kristen Shrimpton (Respondent) Representation: Counsel: Ms New (Applicant)