Ake v Health Care Complaints Commission [2019] NSWCATOD 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ake v Health Care Complaints Commission [2019] NSWCATOD 165 Hearing dates: 12 August 2019 Date of orders: 28 October 2019 Decision date: 28 October 2019 Jurisdiction: Occupational Division Before: A Britton, Principal Member S Shultz-Robinson, Senior Member J Flood, Senior Member A Johnston, General Member Decision: (1) Pursuant to s 163B(1) of the Health Practitioner Regulation National Law (the National Law), Ms Ake is reinstated to the register of nurses maintained by the Australian Health Practitioner Regulation Agency in conjunction with the Nursing and Midwifery Board of Australia. (2) Pursuant to s 163B(4) of the National Law, the following conditions are imposed on Ms Ake's registration for a period of 12 months or such longer period as determined by the Nursing and Midwifery Council of NSW (the Council): (a) Not to undertake agency nursing; (b) Not to be the nurse in charge of any shift, ward or unit; (c) Not to work night duty (22:00 to 06:00); (d) To practise under indirect supervision in accordance with the Council's Regulatory Supervision Policy, and as subsequently determined by the appropriate review body; (e) To nominate a supervisor for approval by the Council within 14 days of commencing work, or as specified by the Council; (f) To undertake the three-month structured training and development program, which the Northern Sydney Local Health District undertook in these proceedings to provide Ms Ake (the Training), if her registration is reinstated; (g) To authorise the Northern Sydney Local Health District to give to the Council a report outlining whether she has successfully completed the Training, within 14 days of completing the Training. (3) While Ms Ake's principal place of practice is in NSW, the Council is the appropriate review body for the purposes of Pt 8, Div 8 of the Health Practitioner Regulation National Law (NSW). (4) Ms Ake must pay the costs of the Commission as agreed or assessed. Catchwords: TRADES AND PROFESSIONS –– reinstatement of health practitioner under Health Practitioner Regulation National Law