Health Care Complaints Commission v Harvey [2019] NSWCATOD 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Harvey [2019] NSWCATOD 67 Hearing dates: 27 and 28 February 2019 Date of orders: 09 May 2019 Decision date: 09 May 2019 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member S Schulz-Robinson, Senior Member J Sillince, General Member Decision: 1. The complaints of unsatisfactory professional conduct and professional misconduct are proved. 2. The practitioner's registration as a nurse is cancelled. 3. The practitioner cannot make an application for review of the cancellation order (for a Reinstatement Order) until 12 months 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. The Practitioner is to pay the costs of the Health Care Complaint Commission as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW) Catchwords: PROFESSIONS AND TRADES – Health Practitioner – Registered Nurse – breach of professional boundaries - intimate relationship with client - delay in informing employer of relationship - whether conduct constitutes unsatisfactory professional conduct and professional misconduct – consideration of appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law Cases Cited: Arian v Nguyen [2001] NSWCA 5 Chen v Health Care Complaints Commission [2017] NSWCA 186 HCCC v Nguyen [2018] NSWCATOD 168 HCCC v Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v HCCC [2012] NSWCA 80 R v Byrnes & Hopwood [1995] HCA 1 Texts Cited: Nursing and Midwifery Board of Australia's Code of Professional Conduct for Nurses in Australia and Code of Ethics for Nurses in Australia Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Sarah Harvey (Respondent) Representation: Counsel: Ms Stevens (Applicant)