Health Care Complaints Commission v Canham [2023] NSWCATOD 144

Health Care Complaints Commission v Canham [2023] NSWCATOD 144

The respondent suffers from a Delusional Disorder and ongoing substance misuse, constituting impairment under the National Law, detrimentally affecting his capacity to practise nursing. This impairment also renders him not competent to practise as a nurse. The protective orders sought by the HCCC are appropriate, including cancellation (if registered), disqualification for two years, recording on the National Register, and payment of costs as agreed or assessed.

Jurisdiction
Australia
Judgment Date
28 September 2023
Procedural Posture
Disciplinary Proceeding / Final Determination and Orders
Outcome
Application upheld; protective orders made; costs order made.
Legal Topics
['impaired Practitioner' 'competence of Health Practitioner' 'tribunal Protective Orders' 'costs in Disciplinary Proceedings']
['health Law' 'professional Discipline'] ['impaired Practitioner' 'competence of Health Practitioner' 'tribunal Protective Orders' 'costs in Disciplinary Proceedings']

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Procedural Posture

Disciplinary Proceeding / Final Determination and Orders

Legal Issues

  1. 1 ['Whether the respondent suffers an impairment within the meaning of the National Law' 'Whether the respondent is competent to practise as a nurse' "Whether protective orders should be made despite respondent's registration having lapsed" 'Appropriate costs order in disciplinary proceedings']

Ratio Decidendi

The respondent suffers from a Delusional Disorder and ongoing substance misuse, constituting impairment under the National Law, detrimentally affecting his capacity to practise nursing. This impairment also renders him not competent to practise as a nurse. The protective orders sought by the HCCC are appropriate, including cancellation (if registered), disqualification for two years, recording on the National Register, and payment of costs as agreed or assessed.

Court Disposition

Application upheld; protective orders made; costs order made.

Orders

  • ['Had the respondent been registered the Tribunal would have cancelled his registration.' 'The respondent is disqualified from being registered in the health profession for 2 years from the date hereof.' 'The National Board is required to record in the National Register that if the practitioner were still...