Health Care Complaints Commission v Aird [2020] NSWCATOD 41

Health Care Complaints Commission v Aird [2020] NSWCATOD 41

The Tribunal found the Respondent guilty of unsatisfactory professional conduct and professional misconduct, including having been found guilty on a criminal charge of common assault against a vulnerable patient. The Tribunal did not accept her self-defence explanation, found her conduct significantly below expected professional standards, and, were she still registered, would have cancelled her registration for two years. She failed to report her charge and criminal finding within required timeframes and made a false statement in her AHPRA renewal, further compounding concerns about her fitness to practise.

Jurisdiction
Australia
Judgment Date
27 April 2020
Procedural Posture
Disciplinary/professional Misconduct Proceeding / Decision After Hearing on the Papers
Outcome
The Respondent found guilty of unsatisfactory professional conduct and professional misconduct; prohibition orders imposed; costs awarded to Applicant.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'nursing' 'assault' 'notification Obligations' 'prohibition Orders']
['health Law' 'professional Discipline'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'nursing' 'assault' 'notification Obligations' 'prohibition Orders']

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Procedural Posture

Disciplinary/professional Misconduct Proceeding / Decision After Hearing on the Papers

Legal Issues

  1. 1 ['Whether the Respondent is guilty of unsatisfactory professional conduct or professional misconduct in slapping the face of Patient A' "Whether the Respondent's actions amounted to a breach of the Health Practitioner Regulation National Law (NSW)" 'Whether the defence of self-defence was available to the Respondent' 'Whether the Respondent failed in her obligations to notify the Board of criminal charges and findings' 'Whether the Respondent made false statements in AHPRA renewal documentation']

Ratio Decidendi

The Tribunal found the Respondent guilty of unsatisfactory professional conduct and professional misconduct, including having been found guilty on a criminal charge of common assault against a vulnerable patient. The Tribunal did not accept her self-defence explanation, found her conduct significantly below expected professional standards, and, were she still registered, would have cancelled her registration for two years. She failed to report her charge and criminal finding within required timeframes and made a false statement in her AHPRA renewal, further compounding concerns about her fitness to practise.

Court Disposition

The Respondent found guilty of unsatisfactory professional conduct and professional misconduct; prohibition orders imposed; costs awarded to Applicant.

Orders

  • ['The Respondent is guilty of professional misconduct and unsatisfactory professional conduct.' 'If still registered as a nurse, the Tribunal would have cancelled her registration.' 'The Tribunal requires the National Board to record that had she been registered, cancellation would have applied for two years.' 'The...