Health Care Complaints Commission v John [2023] NSWCATOD 45

Health Care Complaints Commission v John [2023] NSWCATOD 45

The respondent engaged in multiple breaches of public health orders, acted contrary to professional obligations as a paramedic, made offensive social media statements while identifying as a paramedic, and showed disregard for the Code of Conduct for Registered Health Practitioners. These constituted unsatisfactory...

Source-derived case information.

Parties
Applicant: Health Care Complaints Commission; Respondent: Sally-Ann John
Jurisdiction
Australia
Judgment Date
13 April 2023
Procedural Posture
Disciplinary Proceedings / Final Determination and Disciplinary Orders
Outcome
The respondent found guilty of unsatisfactory professional conduct and professional misconduct; registration suspended for three months with conditions; ordered to pay applicant's costs.
Legal Topics
Professional Misconduct, Unsatisfactory Professional Conduct, Paramedic Discipline, COVID 19 Public Health Orders, Social Media Conduct, Fitness to Practise
Health Law Administrative Law Professional Discipline Professional Misconduct Unsatisfactory Professional Conduct Paramedic Discipline COVID 19 Public Health Orders Social Media Conduct +1 more

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Parties

Health Care Complaints Commission

Applicant

Sally-Ann John

Respondent

Procedural Posture

Disciplinary Proceedings / Final Determination and Disciplinary Orders

Legal Issues

  1. 1 Whether the respondent is guilty of unsatisfactory professional conduct under s 139B(1)(a) and/or (l) of the Health Practitioner Regulation National Law (NSW)
  2. 2 Whether the respondent is guilty of professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW)
  3. 3 Appropriate disciplinary and protective orders under the National Law

Ratio Decidendi

The respondent engaged in multiple breaches of public health orders, acted contrary to professional obligations as a paramedic, made offensive social media statements while identifying as a paramedic, and showed disregard for the Code of Conduct for Registered Health Practitioners. These constituted unsatisfactory professional conduct and professional misconduct under the National Law, warranting a three-month suspension with conditions, rather than cancellation, to fulfil the protective objectives of the law.

Court Disposition

The respondent found guilty of unsatisfactory professional conduct and professional misconduct; registration suspended for three months with conditions; ordered to pay applicant's costs.

Orders

  • The respondent is guilty of unsatisfactory professional conduct under s 139B(1)(a) of the Health Practitioner Regulation National Law (NSW).
  • The respondent is guilty of unsatisfactory professional conduct under s 139B(1)(a) and/or (l) of the Health Practitioner Regulation National Law (NSW).