Health Care Complaints Commission v McCarthy [2021] NSWCATOD 201

Health Care Complaints Commission v McCarthy [2021] NSWCATOD 201

The Tribunal found that the respondent was convicted of criminal offences; failed to notify the National Board of criminal charges and convictions as required; removed ATM cards from Patient A without consent, forcibly obtained a PIN using force, and withdrew $1000; and then lied to police and on oath to the District Court. Such conduct amounted to unsatisfactory professional conduct and, being sufficiently serious, to professional misconduct, warranting consideration of suspension or cancellation of registration and other protective orders. The respondent's explanations did not mitigate the findings of misconduct.

Parties
Applicant: Health Care Complaints Commission; Respondent: Percy McCarthy
Jurisdiction
Australia
Judgment Date
09 December 2021
Procedural Posture
Disciplinary Proceedings (health Practitioner) / Stage 1 Liability Determination; Proceedings Stood Over for Stage 2 Hearing Regarding Protective Orders
Outcome
Complaints One, Two, Three, and Four proven. Stage 2 (protective orders) hearing to be listed.
Legal Topics
Nursing Professional Misconduct, Notification of Criminal Charges/convictions to Regulator, Unethical Conduct by Health Practitioners, Withdrawal of Patient Funds Without Consent
Health Law Professional Discipline Nursing Professional Misconduct Notification of Criminal Charges/convictions to Regulator Unethical Conduct by Health Practitioners Withdrawal of Patient Funds Without Consent

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Parties

Health Care Complaints Commission

Applicant

Percy McCarthy

Respondent

Procedural Posture

Disciplinary Proceedings (health Practitioner) / Stage 1 Liability Determination; Proceedings Stood Over for Stage 2 Hearing Regarding Protective Orders

Legal Issues

  1. 1 Whether the respondent's conduct constituted unsatisfactory professional conduct and/or professional misconduct under the Health Practitioner Regulation National Law (NSW)
  2. 2 Whether the respondent failed to notify the National Board of criminal charges and convictions as required under section 130(1) of the National Law
  3. 3 Whether the respondent removed ATM cards and PIN from Patient A without consent and withdrew funds

Ratio Decidendi

The Tribunal found that the respondent was convicted of criminal offences; failed to notify the National Board of criminal charges and convictions as required; removed ATM cards from Patient A without consent, forcibly obtained a PIN using force, and withdrew $1000; and then lied to police and on oath to the District Court. Such conduct amounted to unsatisfactory professional conduct and, being sufficiently serious, to professional misconduct, warranting consideration of suspension or cancellation of registration and other protective orders. The respondent's explanations did not mitigate the findings of misconduct.

Court Disposition

Complaints One, Two, Three, and Four proven. Stage 2 (protective orders) hearing to be listed.

Orders

  • Each of Complaints One, Two, Three and Four has been made out.
  • The proceedings are stood over to a date to be fixed for the Stage 2 hearing, with liberty to apply in this regard.