Health Care Complaints Commission v Richards

Introduction

1. This is an application to the Tribunal by the Health Care Complaints Commission (HCCC) for disciplinary findings and orders against the Respondent, Bianca Richards, following a determination by the Director of Proceedings of the HCCC to prosecute Complaints against her. Ms Richards was registered as an enrolled nurse (Division 2) on 8 February 2017 although has not worked as a nurse since May 2017. Her registration was suspended by the Nursing and Midwifery Council of NSW (Council) on 1 August 2022.
2. The Complaints against Ms Richards are that pursuant to s 144(a) of the Health Practitioner Regulation National Law (NSW) (National Law) she has been convicted of criminal offences in NSW and that she is guilty of unsatisfactory professional conduct within the meaning of s 139B(1)(b) of the National Law in that she contravened ss 109(1)(b) and 130(1) of the National Law.
3. The HCCC bears the onus of proof of the Complaints. The standard of proof in disciplinary proceedings is on the balance of probabilities with a sufficient degree of certainty having regard to the seriousness of the allegations made, which is recognised as the Briginshaw standard: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34; Health Care Complaints Commission v McAlpine [2022] NSWCATOD 92 at [24].
4. If the Tribunal finds the Complaints against Ms Richards to have been proved, the HCCC seeks an order pursuant to s 149C(1)(c) of the National Law cancelling Ms Richards' registration with a non-review period of twelve months.
5. In these reasons the Applicant is referred to as the Applicant or the HCCC and the Respondent is referred to as the Respondent or Ms Richards.
6. For the reasons which follow we have decided to make an order cancelling Ms Richards' registration with a non-review period of twelve months.