Health Care Complaints Commission v Scheggetman [2023] NSWCATOD 48

Health Care Complaints Commission v Scheggetman [2023] NSWCATOD 48

The Tribunal was comfortably satisfied that the Respondent had been convicted of the dishonesty offences and had failed to notify AHPRA of the charges and convictions within the required seven days. Although he showed remorse and insight, the theft from a vulnerable patient's visitor while working as a nurse, followed by extensive use of stolen cards, was serious, dishonest and calculated conduct inconsistent with the trust required of nurses. For public protection, maintenance of professional standards, and deterrence, the Tribunal concluded that if the Respondent were still registered it would have cancelled his registration and that a 12 month disqualification was appropriate.

Jurisdiction
Australia
Judgment Date
18 April 2023
Procedural Posture
Occupational Disciplinary Complaint Against a Formerly Registered Enrolled Nurse / Principal Judgment After Hearing; Final Orders Made
Outcome
Complaints proven; the Tribunal ordered that it would have cancelled the Respondent's registration if he were still registered, disqualified him from nursing registration for 12 months, required recording on the National Register, ordered costs, and made non-publication orders.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'criminal Conviction' 'failure to Notify National Board' 'fitness to Practise' 'nursing Registration' 'public Protection' 'larceny and Theft' 'dishonesty Offences']
['health Practitioner Regulation' 'occupational Discipline' 'administrative Law' 'criminal Law'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'criminal Conviction' 'failure to Notify National Board' 'fitness to Practise' 'nursing Registration' 'public Protection' 'larceny and Theft' 'dishonesty Offences']

Case Brief

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Procedural Posture

Occupational Disciplinary Complaint Against a Formerly Registered Enrolled Nurse / Principal Judgment After Hearing; Final Orders Made

Legal Issues

  1. 1 ['Whether the Respondent had been convicted of criminal offences in New South Wales within s 144(a) of the National Law.' 'Whether the Respondent failed to notify the National Board within seven days of being charged and convicted, contrary to s 130(1) of the National Law, amounting to unsatisfactory professional conduct under s 139B(1)(b).' 'Whether the circumstances of the convictions rendered the Respondent unfit in the public interest to practise nursing.' 'What protective orders should be made under s 149C(4) of the National Law because the Respondent was no longer registered.']

Ratio Decidendi

The Tribunal was comfortably satisfied that the Respondent had been convicted of the dishonesty offences and had failed to notify AHPRA of the charges and convictions within the required seven days. Although he showed remorse and insight, the theft from a vulnerable patient's visitor while working as a nurse, followed by extensive use of stolen cards, was serious, dishonest and calculated conduct inconsistent with the trust required of nurses. For public protection, maintenance of professional standards, and deterrence, the Tribunal concluded that if the Respondent were still registered it would have cancelled his registration and that a 12 month disqualification was appropriate.

Court Disposition

Complaints proven; the Tribunal ordered that it would have cancelled the Respondent's registration if he were still registered, disqualified him from nursing registration for 12 months, required recording on the National Register, ordered costs, and made non-publication orders.

Orders

  • ['An order under s 149C(4)(a) of the National Law that if the practitioner was still registered the Tribunal would have cancelled his registration.' 'An order under s 149C(4)(b) of the National Law that he is disqualified from being registered in the profession of nursing for 12 months.' 'An order under s 149C(4)(c)...