Health Care Complaints Commission v Aird [2020] NSWCATOD 41

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Aird [2020] NSWCATOD 41 Hearing dates: On the papers Date of orders: 27 April 2020 Decision date: 27 April 2020 Jurisdiction: Occupational Division Before: O Shub, Senior Member B Clarke, Senior Member Dr S Schulz-Robinson, Senior Member R Leontini, General Member Decision: (1) The Respondent having been found guilty on a criminal charge of common assault, is guilty of professional misconduct. (2) The Respondent is guilty of unsatisfactory professional conduct and professional misconduct in respect of the action perpetrated by her. (3) Consequent upon the finding that the Respondent is guilty of professional misconduct, under s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW), if the practitioner was still registered as a nurse the Tribunal would have cancelled her registration. (4) Pursuant to s 149C(4)(c) of the Health Practitioner Regulation National Law (NSW), the Tribunal requires the National Board to record the fact that had the Respondent been registered the Tribunal would have cancelled the respondent's registration for a period of two years from the date of this decision. (5) The Respondent shall not be entitled to apply for registration as a nurse for a period of two years from the date of this decision. (6) The Respondent be subject to a prohibition order which will prevent her from providing the following health services on a public, private or volunteer basis until she is registered as a nurse: (a) medical, hospital, nursing or midwifery services; (b) mental community health services; (c) health education services; (d) aged care services. (7) The Respondent shall pay the costs of the Applicant as assessed or agreed. Catchwords: PROFESSIONS AND TRADES – non‑registered nurse – criminal charge of common assault – vulnerable patient – vulnerable elderly patient with dementia – slapping in the face Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1983) 60 CLR 336 Clyne v NSW Bar Association [1960] HCA 40 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: Code of Ethics for Nurses in Australia Code of Professional Conduct for Nurses Registered Nurse Standards for Professional Practice Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Debbie Aird (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (Self Represented) File Number(s): 2019/00318504 Publication restriction: Publication of the name of the Patient shall be suppressed and will be referred to as Patient A and the name of Nurse 2 shall be suppressed and referred to as Nurse 2.