Health Care Complaints Commission v Stratten (No 2) [2023] NSWCATOD 27

Health Care Complaints Commission v Stratten (No 2) [2023] NSWCATOD 27

Given the seriousness of RN Stratten's misconduct, her insight, demonstrated remediation, and supportive evidence of her competence since the conduct, the Tribunal concluded that a reprimand and three month suspension were sufficient to protect the public, denounce the misconduct, and maintain professional...

Source-derived case information.

Parties
Applicant: Health Care Complaints Commission; Respondent: Rhondda Lee Stratten
Jurisdiction
Australia
Judgment Date
14 March 2023
Procedural Posture
Occupational Discipline / Protective Order and Costs After Findings of Unsatisfactory Professional Conduct and Professional Misconduct
Outcome
Reprimand, three month suspension, costs order against respondent
Legal Topics
Professional Misconduct, Unsatisfactory Professional Conduct, Registered Nurse Discipline, Protective Orders, Handover of Care, Clinical Standards
Health Law Administrative Law Professional Discipline Professional Misconduct Unsatisfactory Professional Conduct Registered Nurse Discipline Protective Orders Handover of Care +1 more

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Parties

Health Care Complaints Commission

Applicant

Rhondda Lee Stratten

Respondent

Procedural Posture

Occupational Discipline / Protective Order and Costs After Findings of Unsatisfactory Professional Conduct and Professional Misconduct

Legal Issues

  1. 1 What is the appropriate protective order following findings of unsatisfactory professional conduct and professional misconduct against a registered nurse?
  2. 2 Should the respondent's registration be cancelled, suspended, or should a lesser order be imposed?
  3. 3 Are costs payable and if so, by whom?

Ratio Decidendi

Given the seriousness of RN Stratten's misconduct, her insight, demonstrated remediation, and supportive evidence of her competence since the conduct, the Tribunal concluded that a reprimand and three month suspension were sufficient to protect the public, denounce the misconduct, and maintain professional standards. Cancellation was not necessary.

Court Disposition

Reprimand, three month suspension, costs order against respondent

Orders

  • The respondent is reprimanded, pursuant to s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW).
  • The respondent's registration is suspended for a period of three months from the date of these orders, pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW).