Health Care Complaints Commission v CSM [2019] NSWCATOD 41

Health Care Complaints Commission v CSM [2019] NSWCATOD 41

Given CSM has been found guilty of professional misconduct, the Tribunal would have cancelled his registration if still registered. A 12-month disqualification is appropriate to protect the public and ensure any future application for registration is subject to review, with the disqualification period to run from the date of the original decision. The entry in the national register should reflect the orders but not disclose grounds or details restricted by the non-publication order.

Jurisdiction
Australia
Judgment Date
21 March 2019
Procedural Posture
Disciplinary Application / Post Remitter Hearing on Protective Orders
Outcome
Protective orders made. If CSM were still registered, registration would have been cancelled; CSM disqualified for 12 months from 5 October 2016; Board to record cancellation order in register.
Legal Topics
['professional Misconduct' 'health Practitioner Regulation' 'non Publication Orders' 'disciplinary Proceedings']
['administrative Law' 'health Law'] ['professional Misconduct' 'health Practitioner Regulation' 'non Publication Orders' 'disciplinary Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Disciplinary Application / Post Remitter Hearing on Protective Orders

Legal Issues

  1. 1 ['Whether appropriate disciplinary orders should be made under s 149C(4) of the Health Practitioner Regulation National Law (NSW) in respect of CSM' 'Whether a disqualification order should be made and its duration' 'Whether an order under s 149C(4)(c) requiring entry on the register is compatible with a non-publication order']

Ratio Decidendi

Given CSM has been found guilty of professional misconduct, the Tribunal would have cancelled his registration if still registered. A 12-month disqualification is appropriate to protect the public and ensure any future application for registration is subject to review, with the disqualification period to run from the date of the original decision. The entry in the national register should reflect the orders but not disclose grounds or details restricted by the non-publication order.

Court Disposition

Protective orders made. If CSM were still registered, registration would have been cancelled; CSM disqualified for 12 months from 5 October 2016; Board to record cancellation order in register.

Orders

  • ['If CSM were still registered, his registration would be cancelled.' 'CSM is disqualified from being registered as a nurse for 12 months from 5 October 2016.' "The Nursing and Midwifery Board of Australia must record that the Tribunal would have cancelled CSM's registration in the national register."]