Health Care Complaints Commission v Blair [2020] NSWCATOD 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Blair [2020] NSWCATOD 54 Hearing dates: 27 February 2020; submissions closed 13 March 2020 Date of orders: 14 May 2020 Decision date: 14 May 2020 Jurisdiction: Occupational Division Before: L Pearson, Principal Member D Beaumont, Senior Member L Gregory, Senior Member G Alder, General Member Decision: (1) Pursuant to a finding of professional misconduct, the Respondent's registration as a nurse is cancelled from the date of this decision under s 149C(1)(b) of the Health Practitioner Regulation National Law; (2) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law, the Respondent is not to make any application for review of the cancellation of his registration for a period of two years from the date of this decision; (3) Pursuant to s 149C(5) of the Health Practitioner Regulation National Law, the Respondent is prohibited from providing any health services as defined in s 5 of the Health Practitioner Regulation National Law unless and until such time as he is registered as a Registered Nurse; (4) The Respondent is to pay the costs of the Health Care Complaints Commission, as agreed or assessed. Catchwords: TRADES AND PROFESSIONS – health practitioner – nurse – relationship with patient – whether conduct in practice of profession – whether unsatisfactory professional conduct – whether professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Attia v Health Care Complaints Commission [2017] NSWSC 1066 Chen v Health Care Complaints Commission [2017] NSWCA 186 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Goyer [2019] NSWCATOD 121 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWCA 264 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Gordon William Blair (Respondent) Representation: Health Care Complaints Commission (Applicant) Respondent (Self Represented) File Number(s): 2019/00280936 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 publication of the name of the patient set out in the Schedule to the Complaint is prohibited.