Health Care Complaints Commission v Lopez (No 2) [2014] NSWCATOD 15

Health Care Complaints Commission v Lopez (No 2) [2014] NSWCATOD 15

Ms Lopez's failure to comply with the tribunal-imposed condition that she provide UTS with a copy of the 2008 Reasons for Decision, and her persistent refusal to comply with requests from the regulatory Council, constituted unsatisfactory professional conduct and, due to its persistent and dishonest nature, professional misconduct. These breaches justified findings against her and protective orders including 2-year disqualification and recording of the tribunal's cancellation finding.

Jurisdiction
Australia
Judgment Date
19 March 2014
Procedural Posture
Occupational Disciplinary Proceedings / Final Decision
Outcome
Complaints of unsatisfactory professional conduct and professional misconduct proved; protective orders made.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'breach of Registration Condition' 'nursing Discipline' 'costs' 'disqualification From Registration']
['health Law' 'professional Discipline'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'breach of Registration Condition' 'nursing Discipline' 'costs' 'disqualification From Registration']

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Procedural Posture

Occupational Disciplinary Proceedings / Final Decision

Legal Issues

  1. 1 ['Whether Ms Lopez was guilty of unsatisfactory professional conduct for breaching a condition of her registration' "Whether Ms Lopez's conduct amounted to professional misconduct" 'Appropriate orders given Ms Lopez was no longer registered']

Ratio Decidendi

Ms Lopez's failure to comply with the tribunal-imposed condition that she provide UTS with a copy of the 2008 Reasons for Decision, and her persistent refusal to comply with requests from the regulatory Council, constituted unsatisfactory professional conduct and, due to its persistent and dishonest nature, professional misconduct. These breaches justified findings against her and protective orders including 2-year disqualification and recording of the tribunal's cancellation finding.

Court Disposition

Complaints of unsatisfactory professional conduct and professional misconduct proved; protective orders made.

Orders

  • ['Ms Lopez disqualified from being registered as a nurse for two years from the order date.' "The National Board required to record that the Tribunal would have cancelled Ms Lopez's registration if still registered." 'Ms Lopez to pay the costs of the Health Care Complaints Commission as agreed or assessed.']