Health Care Complaints Commission v Kauser [2020] NSWCATOD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Kauser [2020] NSWCATOD 42 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 theft and larceny, is guilty of professional misconduct. (2) The Respondent is guilty of unsatisfactory professional conduct and professional misconduct in respect of the actions 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 30 months from the date of this decision. (5) The Respondent shall not be entitled to apply for registration as a nurse for a period of 30 months 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. (7) The Respondent shall pay the costs of the Applicant as assessed or agreed. Catchwords: PROFESSIONS AND TRADES – non registered nurse – criminal charge and conviction against nurse – theft and larceny Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes Act 1900 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v NSW Bar Association (1960) 104 CLR 186; [1960] HCA 40 Ex Parte Tziniolis; Re Medical Practitioners Act (1966) 6 SR (NSW) 448, 461 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Bakarich [2019] NSWCATOD 158 Health Care Complaints Commission v Cakan [2018] NSWCATOD 5 Health Care Complaints Commission v Chowdhury [2015] NSWCATOD 65 Health Care Complaints Commission v DAC [2017] NSWCATOD 98 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Hanna [2018] NSWCATOD 113 Health Care Complaints Commission v Hutchinson [2014] NSWCATOD 151 Health Care Complaints Commission v King [2013] NSWMT 9 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Health Care Complaints Commission v Moslemi [2020] NSWCATOD 2 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Shrimpton (No.2) [2019] NSWCATOD 48 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Health Care Complaints Commission v Skandaliaris [2018] NSWCATOD 199 Health Care Complaints Commission v XC [2015] NSWCATOD 9 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lindsay v Health Care Complaints Commission [2005] NSWCA 356 Prakash v Health Care Complaints Commission [2006] NSW CA 153 Re Dr Parajuli [2010] NSWMT 3 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Saville v Health Care Complaints Commission [2006] NSWCA 298 Sudath v Health Care Complaints Commission [2012] NSWCA 171 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Saeeda Kauser (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (Self Represented) File Number(s): 2019/00318500 Publication restriction: The names of Patient A, Patient B and Patient C are suppressed and may not be published.