Health Care Complaints Commission v Luque [2019] NSWCATOD 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Luque [2019] NSWCATOD 129 Hearing dates: 9 August 2019 Date of orders: 23 August 2019 Decision date: 23 August 2019 Jurisdiction: Occupational Division Before: J Millbank, Senior Member R Middleton, Senior Member S Moore, Senior Member A Johnston, General Member Decision: (1) Pursuant to a finding of professional misconduct, and a finding that the circumstances of the criminal offences which she has been convicted of render the practitioner unfit in the public interest to practise the profession of nursing, the practitioner's registration as a nurse is cancelled under s 149C(1)(b) and (c); (2) Pursuant to s 149C(5) of the National Law, the practitioner is prohibited from providing any health service as defined by s 4 of the Health Care Complaints Act 1993 (NSW), until such time as she is permitted to re-register as a nurse; (3) The respondent to pay the applicant's costs of these proceedings as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW); (4) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) a prohibition on the disclosure or publication of the names of the patients and persons listed in the schedule to the complaint, and of all other patients identified in the evidence. Catchwords: TRADES AND PROFESSIONS – Nursing – mishandling of Sch 4D and Sch 8 medication – misappropriation of medication – misleading regulators – falsification of qualifications – multiple criminal convictions – not fit in the public interest to practise – prohibition orders Legislation Cited: Health Practitioner Regulation National Law (NSW) 2009 ('The National Law'); Health Care Complaints Act 1993 (NSW). Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; Chen v Health Care Complaints Commission [2017] NSWCA 186; Health Care Complaints Commission v Abad [2009] NSWNMT 23; Health Care Complaints Commission v Chowdhury [2015] NSWCATOD 65; Health Care Complaints Commission v Do [2014] NSWCA 307; Health Care Complaints Commission v Kesserwani [2017] NSWCATOD 149; Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323; Lucire v Health Care Complaints Commission [2011] NSWCA 99; Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182; Qasim v Health Care Complaints Commission [2015] NSWCA 282; Wanigaratne v Health Care Complaints Commission [2011] NSWCA 204 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Elizabeth Irene Luque (also known as Elizabeth Giles) (Respondent) Representation: Counsel: N Evans (Applicant)