Health Care Complaints Commission v Wardhaugh [2020] NSWCATOD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wardhaugh [2020] NSWCATOD 3 Hearing dates: 25 November 2019 Date of orders: 10 January 2020 Decision date: 10 January 2020 Jurisdiction: Occupational Division Before: L Pearson, Principal Member D Armitage, Senior Member D Beaumont, Senior Member B Seth, General Member Decision: (1) The Respondent is reprimanded. (2) For a period of at least 12 months, or a period of time longer as determined by the Nursing and Midwifery Council: A. The Respondent is to attend for treatment by a psychologist, a psychiatrist and a general practitioner of her choice, at a frequency to be determined by the treating practitioner. The Respondent: (i) Is to authorise the treating practitioners to inform the Nursing and Midwifery Council of NSW of any of the following: (a) failure to attend for treatment; (b) termination of treatment; or (c) a significant change in health status, including a significant temporary change. (ii) Must provide the Council with the professional details of the treating practitioners; (iii) Must provide evidence to the Council of her attendance (frequency and compliance) with the treating practitioners every three months or as determined by the Council. B. The Respondent is to abstain from drug and alcohol use. C. The Respondent to attend for hair drug/ ETG testing as directed by the Council: (i) The Respondent to comply with any instructions provided by the Council in relation to hair testing. (ii) The hair drug test will require head hair with a minimum length of 3cm. D. The Respondent is to practice under "indirect" supervision in accordance with the Council Regulatory Supervision Policy and as subsequently determined by the appropriate review body, and is to: (i) nominate a supervisor for approval by the Council, within 14 days of commencing work or as specified by the Council; (ii) authorise the approved supervisor to provide written reports to the Council at quarterly intervals, or as specified by the Council; and (iii) authorise the Council to provide nominated and approved supervisors with a copy of relevant decisions. E. The Respondent is not to undertake agency nursing/ midwifery. F. The Respondent is not to be the rostered nurse or otherwise placed in charge of any shift, ward or unit. G. The Respondent is not to have supervisory responsibility for any other health practitioner or student whether registered or not. H. The Respondent, within 7 days of a change in the nature or place of her practice, is to forward evidence to the Council that she has provided a copy of the full conditions to the nursing employer. I. The Respondent is to authorise the Council to exchange information with current and future persons or organisations at places where the practitioner works as a nurse in Australia, regarding any issues arising in relation to compliance with these conditions. J. The Respondent is responsible for the costs associated with complying with the conditions unless otherwise specified. (3) The Nursing and Midwifery Council of NSW is the appropriate review body. (4) The Respondent is to pay the costs of the Health Care Complaints Commission as agreed or assessed. Catchwords: PROFESSIONS AND TRADES – health practitioner – nurse – conviction of criminal offences – failure to notify charge and conviction – impairment – appropriate protective orders Legislation Cited: Crimes Act 1900 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Forster v Hunter New England Area Health Service [2010] NSWCA 106 Health Care Complaints Commission v Hinde [2013] NSWPHT 5 Health Care Complaints Commission v Litchfield (1997) NSWLR 630 Health Care Complaints Commission v Perera [2018] NSWCATOD 112 Lee v Health Care Complaints Commission [2012] NSWCA 80 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Brooke Elise Wardhaugh (Respondent) Representation: Counsel: L Thomas (Applicant)