Health Care Complaints Commission v Parmenter [2023] NSWCATOD 136

Health Care Complaints Commission v Parmenter [2023] NSWCATOD 136

The Respondent deliberately tampered with COVID-19 vaccination syringes intended for herself and Person A, misled pharmacists, and breached professional standards expected of a registered nurse and midwife. On the uncontested facts, that conduct was objectively improper and unethical and therefore constituted...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 September 2023
Procedural Posture
Health Practitioner Disciplinary Complaint / Principal Judgment After Hearing on Complaints and Protective Orders
Outcome
The Respondent was found guilty of professional misconduct and her registration was suspended for three months, with post-suspension counselling conditions, a publication restriction for Person A's name, and an order for costs.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'nursing and Midwifery Registration' 'covid 19 Vaccination' 'protective Orders' 'costs' 'publication Restriction']
['health Law' 'administrative Law' 'professional Discipline'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'nursing and Midwifery Registration' 'covid 19 Vaccination' 'protective Orders' 'costs' 'publication Restriction']

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Procedural Posture

Health Practitioner Disciplinary Complaint / Principal Judgment After Hearing on Complaints and Protective Orders

Legal Issues

  1. 1 ["Whether the Respondent's tampering with COVID-19 vaccination syringes amounted to unsatisfactory professional conduct under s 139B(1)(l) of the Health Practitioner Regulation (National Law) (NSW)." "Whether the Respondent's unsatisfactory professional conduct was of a sufficiently serious nature to justify suspension or cancellation of her registration and therefore amounted to professional misconduct under s 139E of the Health Practitioner Regulation (National Law) (NSW)." 'Whether the Commission proved its additional theory that the Respondent had formulated a plan to avoid vaccination for herself and Person A while creating records of vaccination.' 'What protective orders should be made, including whether suspension and counselling conditions were appropriate.' "Whether a non-publication order should be made for the name of Person A and whether the Respondent should pay the Commission's costs."]

Ratio Decidendi

The Respondent deliberately tampered with COVID-19 vaccination syringes intended for herself and Person A, misled pharmacists, and breached professional standards expected of a registered nurse and midwife. On the uncontested facts, that conduct was objectively improper and unethical and therefore constituted unsatisfactory professional conduct. Taking into account the seriousness of the conduct, its premeditated, dishonest, deceptive and reckless character, the risk of harm, and the Respondent's experience and responsibilities, the conduct was sufficiently serious to justify suspension or cancellation and therefore constituted professional misconduct under s 139E. However, the Commission...

Court Disposition

The Respondent was found guilty of professional misconduct and her registration was suspended for three months, with post-suspension counselling conditions, a publication restriction for Person A's name, and an order for costs.

Orders

  • ['The practitioner is guilty of professional misconduct.' "The practitioner's registration be suspended for a period of three (3) months." 'At the conclusion of that suspension, the practitioner is to attend for counselling with a psychologist or counsellor of her choice, approved by the Nursing and Midwifery...