Health Care Complaints Commission v Moses (No 2) [2019] NSWCATOD 190

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Moses (No 2) [2019] NSWCATOD 190 Hearing dates: 29 August 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member A Bizzotto, Senior Member J Sillince, General Member Decision: (1) The respondent is reprimanded. (2) The following conditions are imposed on the registration of the respondent; (a) The respondent is to attend for ongoing treatment by a psychologist or psychiatrist for a period of at least 12 months. The frequency of that treatment is to be determined by the practitioner. (b) The respondent is to authorise the treating practitioner to inform the Nursing and Midwifery Council of NSW of any failure to attend for treatment, the termination of treatment or any significant change in his health status (including a significant temporary change in that status). (c) The respondent is subject to mentoring in accordance with the Nursing and Midwifery Council of NSW Mentor Guidelines for a period of 12 months (3) The respondent is to pay the applicant's costs assessed in default of agreement. Catchwords: PROFESSIONS AND TRADES – health practitioner – mental health nurse – relationship with former patient after termination of involvement in treatment – held constitutes professional misconduct – reprimand imposed – practice conditions imposed – costs order Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Cheng (No 2) [2017] NSWCATOD 93 Health Care Complaints Commission v Dr McCroary [2019] NSWCATOD 115 Health Care Complaints Commission v Moses [2019] NSWCATOD 64 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Andrew Michael Moses (Respondent) Representation: Counsel: N Evans (Applicant) L Andelman (Respondent)