Health Care Complaints Commission v Ross [2019] NSWCATOD 153

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ross [2019] NSWCATOD 153 Hearing dates: 18 June 2019 Date of orders: 04 October 2019 Decision date: 04 October 2019 Jurisdiction: Occupational Division Before: L Pearson, Principal Member J Flood, Senior Member L Hopper, Senior Member G Alder, General Member Decision: (1) The complaints of unsatisfactory professional conduct and professional misconduct are proved. (2) The Respondent is reprimanded. (3) The Respondent's registration as a nurse is cancelled from the date of this decision. (4) The Respondent is not to make any application for review of the cancellation of her registration for a period of 12 months from the date of this decision. Any application for review must be made to the New South Wales Civil and Administrative Tribunal. (5) The Respondent is to pay the costs of the Health Care Complaints Commission in the amount of $13,635.77. Catchwords: TRADES AND PROFESSIONS – health practitioner – nurse – findings of unsatisfactory professional conduct and professional misconduct – appropriate protective orders Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Summary Offences Act 1988 (NSW) Cases Cited: Bauskis v Liew [2013] NSWCA 297 Briginshaw v Briginshaw (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWCA 264 Health Care Complaints Commission v Little [2016] NSWCATOD 146 Health Care Complaints Commission v Perceval [2014] NSWCATOD 38 Health Care Complaints Commission v Perera [2018] NSWCATOD 112 Lee v Health Care Complaints Commission [2012] NSWCA 80 Qasim v Health Care Complaints Commission [2015] NSWCA 282 R v Byrnes and Hopwood [1995] HCA 1; 183 CLR 501 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Melanie Alice Ross (Respondent) Representation: Counsel: P Lowson (Applicant)