Health Care Complaints Commission v Willis [2018] NSWCATOD 136

Health Care Complaints Commission v Willis [2018] NSWCATOD 136

The Tribunal found that the practitioner's conduct constituted unsatisfactory professional conduct and professional misconduct under the National Law, being significantly below expected standards and improper by administering restricted medications and failing to comply with documentation, assessment, and prescription requirements. However, given remorse, insight, ongoing safe supervised practice, the brevity of the offending period, and absence of risk, cancellation of registration would be punitive and unnecessary for public protection. A reprimand, mentoring, completion of targeted educational courses, and costs order adequately serve the protective purposes of the disciplinary powers.

Jurisdiction
Australia
Judgment Date
21 August 2018
Procedural Posture
Disciplinary Tribunal Proceeding / Final Determination
Outcome
Complaints proved; reprimand; conditions imposed; costs ordered
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'nursing Standards' 'medication Handling' 'disciplinary Powers' 'costs Orders']
['health Law' 'professional Regulation'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'nursing Standards' 'medication Handling' 'disciplinary Powers' 'costs Orders']

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 Tribunal Proceeding / Final Determination

Legal Issues

  1. 1 ["Whether the practitioner's conduct amounts to unsatisfactory professional conduct under section 139B of the National Law" "Whether the practitioner's conduct amounts to professional misconduct under section 139E of the National Law" 'Appropriate protective orders to be made under the National Law' 'Appropriate order for costs']

Ratio Decidendi

The Tribunal found that the practitioner's conduct constituted unsatisfactory professional conduct and professional misconduct under the National Law, being significantly below expected standards and improper by administering restricted medications and failing to comply with documentation, assessment, and prescription requirements. However, given remorse, insight, ongoing safe supervised practice, the brevity of the offending period, and absence of risk, cancellation of registration would be punitive and unnecessary for public protection. A reprimand, mentoring, completion of targeted educational courses, and costs order adequately serve the protective purposes of the disciplinary powers.

Court Disposition

Complaints proved; reprimand; conditions imposed; costs ordered

Orders

  • ['The Practitioner is reprimanded.' "Conditions as per Attachment A are placed on the Practitioner's registration for 12 months, including mentoring and educational courses requirements." 'The Nursing and Midwifery Council of NSW is the review body for the conditions.' 'Registrar to notify the Council and Australian...