Recent Cases

Clarke v Health Care Complaints Commission (No 2) [2024] NSWCA 15 (07 February 2024) (White, Mitchelmore and Kirk JJA)


Catchwords:


OCCUPATIONS — Nurses — Qualification and registration — Impairment — Competence — Where Tribunal found that a registered nurse suffered an impairment — Where registered nurse held not to be competent to act as a nurse — Where Tribunal found impairment rendered nurse a significant risk to health and safety of the public — Registration cancelled and non-review period imposed — Nurse prohibited from providing health services

APPEALS — Leave to appeal — Appeal as of right on questions of law — Where no clear grounds of appeal advanced — No errors of law established — No errors in Tribunal’s finding of fact — Leave to appeal refused — Appeal dismissed