Health Care Complaints Commission v Andrews (No 2) [2021] NSWCATOD 208

Health Care Complaints Commission v Andrews (No 2) [2021] NSWCATOD 208

Given the proven unsatisfactory professional conduct and professional misconduct, and absence of evidence of insight or rehabilitation, the Tribunal determined that it would have cancelled Ms Andrews' registration if she were still registered, and ordered disqualification from registration as a nurse for 18 months...

Source-derived case information.

Parties
Applicant: Health Care Complaints Commission; Respondent: Lea Andrews
Jurisdiction
Australia
Judgment Date
13 December 2021
Procedural Posture
Occupational Disciplinary Proceeding / Stage 2 Protective Orders After Findings of Misconduct
Outcome
Protective orders following findings of unsatisfactory professional conduct and professional misconduct; disqualification from registration for 18 months; order for costs; refusal of prohibition order.
Legal Topics
Registered Nurses, Professional Misconduct, Unsatisfactory Professional Conduct, Protective Orders
Health Law Professional Regulation Registered Nurses Professional Misconduct Unsatisfactory Professional Conduct Protective Orders

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Parties

Health Care Complaints Commission

Applicant

Lea Andrews

Respondent

Procedural Posture

Occupational Disciplinary Proceeding / Stage 2 Protective Orders After Findings of Misconduct

Legal Issues

  1. 1 What protective orders should be made following findings of unsatisfactory professional conduct and professional misconduct by a registered nurse who is no longer registered?
  2. 2 Does the practitioner pose a substantial risk to the health of members of the public justifying prohibition from providing health services?
  3. 3 Should costs be ordered against the practitioner?

Ratio Decidendi

Given the proven unsatisfactory professional conduct and professional misconduct, and absence of evidence of insight or rehabilitation, the Tribunal determined that it would have cancelled Ms Andrews' registration if she were still registered, and ordered disqualification from registration as a nurse for 18 months to properly protect the public and uphold professional standards.

Court Disposition

Protective orders following findings of unsatisfactory professional conduct and professional misconduct; disqualification from registration for 18 months; order for costs; refusal of prohibition order.

Orders

  • If the respondent were still registered, the Tribunal would have cancelled her registration (s 149C(4)(a)).
  • The respondent is disqualified from being registered in the profession of nursing for 18 months (s 149C(4)(b)).