Health Care Complaints Commission v Achurch (No 2) [2019] NSWCATOD 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Achurch (No 2) [2019] NSWCATOD 112 Hearing dates: 24 May 2019 Date of orders: 15 July 2019 Decision date: 15 July 2019 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member L Schalk, Senior Member G Tolhurst, Senior Member G Alder, General Member Decision: 1. The Tribunal decides pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW) that, if the respondent were still registered, the Tribunal would have cancelled her registration. 2. The Tribunal decides pursuant to s 149C(4)(b) of the Health Practitioner Regulation National Law (NSW) that the respondent is disqualified from being registered as a nurse for a period of two years. 3. The Registrar is requested to notify the Nursing and Midwifery Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1 and 2 above as soon as practicable. 4. Unless the applicant files and serves submissions as contemplated by order 5, the respondent is to pay 50% of the applicant's costs, as agreed or assessed. 5. The applicant may file and serve written submissions in support of a different costs order, within 21 days of the date of these orders. The submissions should address the question of whether the costs issue may be determined on the papers. 6. If the applicant files and serve submissions in accordance with order 5, the respondent may respond within 42 days of the date of these reasons. Her submissions should address the question of whether the costs issue may be determined on the papers. Catchwords: PROFESSIONS AND TRADES - Health care professionals – Nurses – Where nurse convicted of drug offences – Where nurse contravened the National Law by failing to notify the regulator of criminal charges and by failing to provide details of the change in her criminal history when applying for registration renewal – Whether nurse is unfit in the public interest to practise nursing – Whether costs order in favour of applicant should be discounted to take account of unsuccessful complaint and complaint in respect of which no order was sought Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Clyne v New South Wales Bar Association (1960) 104 CLR 186 Director-General, Dept of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523 HCCC v Schmich [2009] NSWNMT 19 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Geary [2018] NSWCATOD 15 Health Care Complaints Commission v Hollis [2019] NSWCATOD 6 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Jung v R [2017] NSWCCA 24 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: Macquarie Dictionary (online) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Simone Achurch (Respondent) Representation: Counsel: P Aitken (Applicant)