Health Care Complaints Commission v Hardaker [2020] NSWCATOD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hardaker [2020] NSWCATOD 35 Hearing dates: 11 March 2020 Date of orders: 01 April 2020 Decision date: 01 April 2020 Jurisdiction: Occupational Division Before: J Millbank, Senior Member Associate Prof L MacKenzie, Senior Member D Wilson, Senior Member Dr J Griffin, Senior Member Decision: (1) Pursuant to findings of unsatisfactory professional conduct and professional misconduct, under s 149C(4)(a) of the National Law if the practitioner was still registered as an occupational therapist the Tribunal would have cancelled her registration; (2) Pursuant to s 149C(4)(b) of the National Law the practitioner is disqualified from being registered as an occupational therapist for a period of 4 years from the date of this decision; (3) Pursuant to s 149C(4)(c) of the National Law, the Tribunal requires the Occupational Therapy Board to record the fact that had she been registered the Tribunal would have cancelled Ms Hardaker's registration for a period of 4 years from the date of this decision; (4) The Respondent to pay the Applicant's costs of these proceedings as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW); (5) A non-publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting disclosure or publication of the name of Patient A listed in the schedule to the complaint and the names of the three mandatory notifiers identified in the evidence. Catchwords: TRADES AND PROFESSIONS – occupational therapy – mental health in-patient – personal and sexual relationship with patient – continuing denial of relationship to employer – misleading evidence to Council – misleading application to Council – misleading evidence to HCCC – non-appearance of practitioner Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Care Complaints Act 1993 (NSW) Cases Cited: Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Hanna v Medical Council of NSW [2017] NSWCATOD 27 Health Care Complaints Commission v Hudson [2019] NSWCATOD 38 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Laura Hardaker (Respondent) Representation: Counsel: Nil