Health Care Complaints Commission v Tran [2020] NSWCATOD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Tran [2020] NSWCATOD 32 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: (1) consequent upon our finding that the respondent is guilty of professional misconduct we determine that if the respondent were still registered we would have cancelled her registration (2) the respondent is disqualified from being registered in the nursing and midwifery profession for a period of 2 years (3) we ask that the Registrar inform the relevant National Board with which the respondent was registered that we require it to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board. (4) The respondent is to pay the costs of the applicant assessed in default of agreement. Catchwords: TRADES AND PROFESSIONS – nurse in charge – failure to ensure patients observed – failure to ensure observations accurately recorded – held constituted professional misconduct – cancellation of registration – 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) Thi My Tran (Respondent) Representation: Counsel: C Mitchell (Applicant)