Deeley v Health Care Complaints Commission [2023] NSWCATOD 167

Deeley v Health Care Complaints Commission [2023] NSWCATOD 167

The Tribunal was satisfied on the evidence that the Applicant had discharged the onus of proving reformation of character and future reliability. He accepted his prior dishonest conduct breached his personal integrity and the integrity of the nursing profession, recognised the breach of trust with colleagues and its potential effect on continuity of care, had no more recent offending after the 2015 larceny charge, had improved financial and mental health circumstances, had completed a Bachelor of Nursing degree involving renewed engagement with professional ethics and codes, had favourable evidence from Mr Patel, and participated appropriately without minimising his conduct. Cancellation...

Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Application for Review Seeking a Reinstatement Order Under S 163 B of the Health Practitioner Regulation National Law (nsw) / Principal Judgment After Hearing
Outcome
Reinstatement order made subject to conditions; costs ordered in favour of the Health Care Complaints Commission.
Legal Topics
['nurses' 'reinstatement Application' 're Registration' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'reformation of Character' 'rehabilitation and Insight' 'protection of the Public' 'conditions on Registration']
['health Practitioner Regulation' 'professional Discipline' 'administrative Law' 'costs'] ['nurses' 'reinstatement Application' 're Registration' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'reformation of Character' 'rehabilitation and Insight' 'protection of the Public' 'conditions on Registration']

Case Brief

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Procedural Posture

Application for Review Seeking a Reinstatement Order Under S 163 B of the Health Practitioner Regulation National Law (nsw) / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Applicant established the onus for a reinstatement order under s 163B of the Health Practitioner Regulation National Law (NSW).' 'Whether the Applicant demonstrated reformation, rehabilitation and insight sufficient to be trusted to practise in accordance with professional standards.' 'Whether conditions on any reinstatement order were necessary for protection of the public.' "Whether the Applicant should pay the Respondent's costs of the proceedings."]

Ratio Decidendi

The Tribunal was satisfied on the evidence that the Applicant had discharged the onus of proving reformation of character and future reliability. He accepted his prior dishonest conduct breached his personal integrity and the integrity of the nursing profession, recognised the breach of trust with colleagues and its potential effect on continuity of care, had no more recent offending after the 2015 larceny charge, had improved financial and mental health circumstances, had completed a Bachelor of Nursing degree involving renewed engagement with professional ethics and codes, had favourable evidence from Mr Patel, and participated appropriately without minimising his conduct. Cancellation...

Court Disposition

Reinstatement order made subject to conditions; costs ordered in favour of the Health Care Complaints Commission.

Orders

  • ['Pursuant to s 163B of the Health Practitioner Regulation National Law (the National Law) a reinstatement order is made in respect of Robert Deeley subject to conditions.' 'The Applicant is not to be the nurse in charge of any shift, ward or unit.' 'The Applicant is not to work as the sole practitioner on any...