Health Care Complaints Commission v Borg [2020] NSWCATOD 141

Health Care Complaints Commission v Borg [2020] NSWCATOD 141

The Tribunal found that the respondent, Susan Mary Borg, as a registered nurse, engaged in unsatisfactory professional conduct and professional misconduct by repeatedly breaching registration conditions relating to substance misuse, failing to comply with critical compliance conditions, and providing misleading information to the regulator. The Tribunal also found that the respondent suffers from an impairment (mood disorder and stimulant misuse) that detrimentally affects her capacity to practise. Despite some periods of abstinence and engagement in treatment, the evidence indicated lack of sustained remission and insight. For public protection and the maintenance of professional...

Parties
Applicant: Health Care Complaints Commission; Respondent: Susan Mary Borg
Jurisdiction
Australia
Judgment Date
07 December 2020
Procedural Posture
Disciplinary Proceedings (occupational/health Regulation) / Final Judgment and Orders After Contested Hearing
Outcome
The respondent was found guilty of unsatisfactory professional conduct and professional misconduct; registration cancelled with immediate effect; prohibited from providing health services until re-registered; costs to be paid to applicant as agreed or assessed.
Legal Topics
Professional Misconduct, Impairment (health Practitioners), Drug Misuse, Disciplinary Proceedings, Nursing Regulation
Health Law Administrative Law Occupational Regulation Professional Misconduct Impairment (health Practitioners) Drug Misuse Disciplinary Proceedings Nursing Regulation

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Parties

Health Care Complaints Commission

Applicant

Susan Mary Borg

Respondent

Procedural Posture

Disciplinary Proceedings (occupational/health Regulation) / Final Judgment and Orders After Contested Hearing

Legal Issues

  1. 1 Whether the respondent engaged in unsatisfactory professional conduct and/or professional misconduct as a registered nurse under the National Law (NSW)
  2. 2 Whether respondent contravened conditions imposed on her registration (including self-administration of scheduled substances and attendance at drug testing)
  3. 3 Whether respondent provided false or misleading information to the Nursing and Midwifery Council of NSW

Ratio Decidendi

The Tribunal found that the respondent, Susan Mary Borg, as a registered nurse, engaged in unsatisfactory professional conduct and professional misconduct by repeatedly breaching registration conditions relating to substance misuse, failing to comply with critical compliance conditions, and providing misleading information to the regulator. The Tribunal also found that the respondent suffers from an impairment (mood disorder and stimulant misuse) that detrimentally affects her capacity to practise. Despite some periods of abstinence and engagement in treatment, the evidence indicated lack of sustained remission and insight. For public protection and the maintenance of professional...

Court Disposition

The respondent was found guilty of unsatisfactory professional conduct and professional misconduct; registration cancelled with immediate effect; prohibited from providing health services until re-registered; costs to be paid to applicant as agreed or assessed.

Orders

  • The respondent is guilty of unsatisfactory professional conduct and professional misconduct in respect of her behaviour while working as a registered nurse and while under suspension on conditions imposed by the Nursing and Midwifery Council and suffers from an impairment.
  • The registration of the respondent is cancelled with immediate effect.