Health Care Complaints Commission v Marquinez [2014] NSWCATOD 125

Health Care Complaints Commission v Marquinez [2014] NSWCATOD 125

The false time-sheet claims were improper, unethical and criminal in nature, occurred on 30 occasions over nearly three months across 6 HCA hospitals, and involved no repayment or arrangement to repay. Mr Marquinez also seriously breached multiple conditions on his nursing registration, including by using ICE, failing to undertake required urine testing, failing to establish a therapeutic relationship with a psychiatrist or psychologist, and failing to provide treating practitioner details. Each course of conduct was sufficiently serious to constitute professional misconduct and, given his lack of candour, lack of insight, failure to take responsibility and inadequate engagement with...

Jurisdiction
Australia
Judgment Date
30 October 2014
Procedural Posture
Occupational Division Inquiry Into a Complaint Lodged by the Health Care Complaints Commission Against a Registered Nurse / Final Decision and Orders After Inquiry Conducted in the Respondent's Absence
Outcome
Complaints one, two and three proved; complaint four not proceeded with; complaint five not proved; respondent's nursing registration cancelled with a minimum two-year period before applying for review; costs ordered against respondent; non-disclosure order revoked.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'nursing Registration Cancellation' 'breach of Registration Conditions' 'false Time Sheets' 'protective Orders' 'costs']
['administrative Law' 'health Practitioner Regulation' 'professional Discipline'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'nursing Registration Cancellation' 'breach of Registration Conditions' 'false Time Sheets' 'protective Orders' 'costs']

Case Brief

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Procedural Posture

Occupational Division Inquiry Into a Complaint Lodged by the Health Care Complaints Commission Against a Registered Nurse / Final Decision and Orders After Inquiry Conducted in the Respondent's Absence

Legal Issues

  1. 1 ['Whether Mr Marquinez engaged in unsatisfactory professional conduct by submitting false time-sheets for shifts not worked and receiving payment to which he was not entitled.' 'Whether Mr Marquinez engaged in unsatisfactory professional conduct by breaching conditions imposed on his registration as a nurse.' 'Whether the proven unsatisfactory professional conduct, separately or cumulatively, amounted to professional misconduct.' 'Whether Mr Marquinez was otherwise not a suitable person to hold registration as a nurse.' 'What protective and consequential orders should be made.']

Ratio Decidendi

The false time-sheet claims were improper, unethical and criminal in nature, occurred on 30 occasions over nearly three months across 6 HCA hospitals, and involved no repayment or arrangement to repay. Mr Marquinez also seriously breached multiple conditions on his nursing registration, including by using ICE, failing to undertake required urine testing, failing to establish a therapeutic relationship with a psychiatrist or psychologist, and failing to provide treating practitioner details. Each course of conduct was sufficiently serious to constitute professional misconduct and, given his lack of candour, lack of insight, failure to take responsibility and inadequate engagement with...

Court Disposition

Complaints one, two and three proved; complaint four not proceeded with; complaint five not proved; respondent's nursing registration cancelled with a minimum two-year period before applying for review; costs ordered against respondent; non-disclosure order revoked.

Orders

  • ['The tribunal found the subject-matter of complaints one, two and three proved and the complaints proved. Complaint four was not proceeded with and complaint five was found not proved.' 'The tribunal cancelled the registration of Orlando Villalobas Marquinez on the register of health practitioners, in relation to...