Health Care Complaints Commission v Chit Swe [2022] NSWCATOD 184

Health Care Complaints Commission v Chit Swe [2022] NSWCATOD 184

The respondent repeatedly breached supervision conditions imposed on her registration by working when her approved supervisor was not on site, despite clear and consistent advice as to requirements. This conduct constituted unsatisfactory professional conduct and, given its repeated nature and seriousness, professional misconduct. The evidence did not establish lack of competence to practise, but doubts about communication skills warrant imposition of an English language test as a condition of registration.

Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Disciplinary/regulatory / Final Decision/orders
Outcome
Registration suspended for nine months; conditions imposed; costs awarded to applicant.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'conditions on Registration' 'competence to Practise' 'english Language Skills' 'costs']
['health Law' 'professional Regulation'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'conditions on Registration' 'competence to Practise' 'english Language Skills' 'costs']

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Procedural Posture

Disciplinary/regulatory / Final Decision/orders

Legal Issues

  1. 1 ['Whether the respondent breached conditions imposed on her registration' 'Whether the respondent is guilty of unsatisfactory professional conduct' 'Whether the respondent is guilty of professional misconduct' 'Whether the respondent is not competent to practise a health profession, including English language proficiency']

Ratio Decidendi

The respondent repeatedly breached supervision conditions imposed on her registration by working when her approved supervisor was not on site, despite clear and consistent advice as to requirements. This conduct constituted unsatisfactory professional conduct and, given its repeated nature and seriousness, professional misconduct. The evidence did not establish lack of competence to practise, but doubts about communication skills warrant imposition of an English language test as a condition of registration.

Court Disposition

Registration suspended for nine months; conditions imposed; costs awarded to applicant.

Orders

  • ['The Tribunal finds the Respondent guilty of unsatisfactory professional conduct.' 'The Tribunal finds the Respondent guilty of professional misconduct.' 'The Tribunal dismisses the Complaint that the Respondent is not competent to practise a health profession.' 'The registration of the Respondent is suspended for...