Health Care Complaints Commission v Moses [2019] NSWCATOD 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Moses [2019] NSWCATOD 64 Hearing dates: 15 and 16 April, 2019 Date of orders: 06 May 2019 Decision date: 06 May 2019 Jurisdiction: Occupational Division Before: The Hon F Marks Principal Member A Bizzotto Senior Member J Sillince General Member Decision: (1) the respondent shall file and serve any reports from a psychiatrist or psychologist upon which he wishes to rely by 28 May, 2019 (2) the applicant will notify the respondent and the Tribunal by 17 June, 2019 whether it wishes to qualify any further evidence in response to that filed by the applicant, and if so the latest date upon which it will file and serve that evidence (3) the Tribunal shall thereafter, in consultation with the parties fix a further date or dates for the hearing of these proceedings (4) the question of whether the respondent is guilty of professional misconduct as alleged in Complaint TWO is reserved and will be further considered at the adjourned hearing (5) the Tribunal imposes the following condition on the registration of the respondent namely; the respondent shall not undertake any work as a mental health nurse pending the determination of these proceedings or pending further order of the Tribunal (6) liberty to apply generally which may be exercised by either party at short notice Catchwords: Health practitioner - mental health nurse- relationship with former patient after termination of involvement in treatment- held constitutes unsatisfactory professional conduct – protective orders – insufficient evidence – proceedings adjourned – interlocutory orders made Legislation Cited: Health Practitioner Regulation National Law Cases Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (applicant) Andrew Michael Moses (respondent) Representation: Counsel: N Evans (applicant) L Andelman (respondent)