Health Care Complaints Commission v Holbrook [2019] NSWCATOD 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Holbrook [2019] NSWCATOD 146 Hearing dates: 27 August 2019 Date of orders: 27 September 2019 Decision date: 27 September 2019 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member K Crews, Senior Member R Wilson, Senior Member Dr C Berglund, General Member Decision: (1) The practitioner's registration as a nurse is cancelled. (2) The practitioner cannot seek a review of the cancellation order until 3 years from the date of this decision. (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 as soon as practicable. (4) The practitioner is to pay the Health Care Complaints Commission's costs in the sum of $10,963.28. Catchwords: PROFESSIONS AND TRADES – health practitioner – nurse – practitioner convicted of criminal offences – underlying conduct of convictions – importation of illicit drugs – unfit in the public interest to practise – not a suitable person for registration Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Haasbroek [2018] NSWCATOD 177 Health Care Complaints Commission v Istephan (No 2) [2017] NSWCATOD 116 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Jung v R [2017] NSWCCA 24 Lee v Health Care Complaints Commission [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Andrew Choi Holbrook (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Nurses and Midwives Association (Respondent) File Number(s): 2019/00096225 Publication restriction: Nil