Health Care Complaints Commission v Galanto [2022] NSWCATOD 22

Health Care Complaints Commission v Galanto [2022] NSWCATOD 22

The Tribunal accepted the applicant's evidence that the practitioner failed to administer medication, improperly removed medication including a restricted substance, breached a condition of registration requiring supervision, and was not competent to practice as a nurse. These cumulative failures constituted unsatisfactory professional conduct and professional misconduct justifying cancellation of registration and a two-year disqualification. Orders were made accordingly, with costs to the applicant.

Jurisdiction
Australia
Judgment Date
24 February 2022
Procedural Posture
Disciplinary Tribunal Proceeding / Final Judgment and Orders After Undefended Hearing
Outcome
Complaints upheld; orders made as if practitioner were registered; cancellation of registration and disqualification for two years; costs ordered.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'health Practitioner Regulation' 'competence of Health Practitioners' 'disciplinary Proceedings']
['health Law' 'administrative Law' 'professional Regulation'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'health Practitioner Regulation' 'competence of Health Practitioners' 'disciplinary Proceedings']

Case Brief

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Procedural Posture

Disciplinary Tribunal Proceeding / Final Judgment and Orders After Undefended Hearing

Legal Issues

  1. 1 ['Whether the practitioner engaged in improper or unethical conduct as a nurse' 'Whether the practitioner breached conditions imposed on registration' 'Whether the practitioner lacked the competence to practice as a nurse' "Whether the practitioner's conduct amounted to professional misconduct" 'What protective orders are appropriate where the practitioner is no longer registered']

Ratio Decidendi

The Tribunal accepted the applicant's evidence that the practitioner failed to administer medication, improperly removed medication including a restricted substance, breached a condition of registration requiring supervision, and was not competent to practice as a nurse. These cumulative failures constituted unsatisfactory professional conduct and professional misconduct justifying cancellation of registration and a two-year disqualification. Orders were made accordingly, with costs to the applicant.

Court Disposition

Complaints upheld; orders made as if practitioner were registered; cancellation of registration and disqualification for two years; costs ordered.

Orders

  • ['If still registered, registration would be cancelled (s.149C(4)(a))' 'Disqualification from registration as nurse for 2 years from date of Order (s.149C(4)(b))' 'Respondent to pay costs of the Health Care Complaints Commission as agreed or assessed under the Legal Profession Uniform Law Application Act 2014 (NSW)']