Health Care Complaints Commission v Tam [2020] NSWCATOD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Tam [2020] NSWCATOD 30 Hearing dates: 11 and 12 March 2020 Date of orders: 27 March 2020 Decision date: 27 March 2020 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member K Eyre, Senior Member Dr S Schulz-Robinson, Senior Member R Kusuma, General Member Decision: Consequent upon the finding of professional misconduct which we have made we make the following orders (1) the respondent is reprimanded (2) the current practice conditions imposed on the respondent's registration are removed (3) the respondent is to pay the costs of the applicant in an amount assessed in default of agreement. Catchwords: TRADES AND PROFESSIONS – nurse – failure to observe patients – held constituted professional misconduct – cancellation or suspension of registration not appropriate protective orders in particular circumstances – reprimand imposed – costs order made Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Kah Mun Tam (Respondent) Representation: Counsel: C Mitchell (Applicant)

Solicitors: Health Care Complaints Commission (Applicant) NSW Nurses and Midwives' Association (Respondent) File Number(s): 2019/00297068 Publication restriction: Publication is prohibited of the names of the 25 patients in the Mental Health Unit at St George Hospital, Kogarah NSW on the evening of 13 – 14 November 2017 from 9.30 pm to 7 am and any material which might tend to identify any such persons.