HCCC v Drinkwater (No 2); HCCC v Lilly (No 2); HCCC v Davies (No 2); HCCC v Than (No 2) [2019] NSWCATOD 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HCCC v Drinkwater (No 2); HCCC v Lilly (No 2); HCCC v Davies (No 2); HCCC v Than (No 2) [2019] NSWCATOD 59 Hearing dates: On the papers Date of orders: 24 April 2019 Decision date: 24 April 2019 Jurisdiction: Occupational Division Before: J Millbank, Senior Member S Kennedy, Senior Member R Wilson, Senior Member B Seth, General Member Decision: HCCC v Davies (1) Following a finding of unsatisfactory professional conduct, Mr Davies is reprimanded in the strongest terms for his failure to properly undertake observations in an acute mental health setting, per s 149A(1)(a). (2) Pursuant to s 149A(1)(b) the practitioner is only to practise nursing under the following conditions for 2 years from the date of these orders. He is: i. Not to provide nursing in a mental health unit or specialist care setting; ii. Not to undertake agency nursing; iii. Not to undertake any night duty shifts; (3) The NMC is the appropriate review body for these conditions. (4) Pursuant to s 149A(1)(d) the practitioner must complete an ethics course approved by the NMC within 12 months of the date of these orders.

HCCC v Drinkwater (1) As a result of findings of unsatisfactory professional conduct and professional misconduct, the practitioner is reprimanded pursuant to s 149A(1)(a). (2) The practitioner's registration as a nurse is cancelled pursuant to s 149C(1)(b). (3) The practitioner is not permitted to apply for a review of the cancellation order for a period of 12 months pursuant to s 149C(7). (4) Respondent to pay 25% of the Applicant's costs of these proceedings, as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW).