Health Care Complaints Commission v Roberts

Introduction

1. The Health Care Complaints Commission ("Commission") has applied to the Tribunal for disciplinary findings and orders under the Health Practitioner Regulation National Law (NSW) ("the National Law") against Leanne Patricia Roberts ("Ms Roberts"), a registered nurse.
2. The proceedings arise from three complaints made by the Commission which in essence allege numerous non-compliances by Ms Roberts with the conditions of her registration and that Ms Roberts suffers from an impairment that affects or is likely to detrimentally affect her capacity to practise nursing.
3. By its Amended Complaint, the Commission seeks orders from the Tribunal under the National Law, s 149C(1)(b) to cancel Ms Roberts' registration with a non-review period of six months under s 149C(7). It also seeks a prohibition order under s 149C(5) for the same period as well as an order as to costs.
4. The Commission, prior to the hearing, invited Ms Roberts to seek legal advice, to serve any reply or material and to attend the hearing in accordance with directions previously given by the Tribunal. Ms Roberts was also informed that if she did not attend, that in her absence, the hearing may proceed and orders may be made against her. Despite communications with Ms Roberts, she did not serve any material and indicated to the Commissioner that she would not attend the hearing or participate.
5. During the hearing on 11 December 2023, the Commission requested the hearing proceed in the absence of Ms Roberts pursuant to s 165J of the National Law. The Tribunal requested the Commission contact Ms Roberts out of a concern she may not have been aware of the ramifications of the orders sought by the Commission and to ascertain whether Ms Roberts could appear via the telephone or at least speak to the Tribunal. This was in circumstances where the Commission relied on an Amended Application which, although provided to Ms Roberts, it was unclear to the Tribunal whether Ms Roberts was aware of what it contained. Consequently, following the efforts by the Commission, Ms Roberts spoke to the Tribunal via the phone albeit briefly. She confirmed that she was aware of the proceedings including the Amended Complaint and had no wish to participate or make any submissions and that she did not oppose the orders sought by the Commission except the order as to costs. Ms Roberts informed the Tribunal she had no intention of ever practising again as a nurse and so was not concerned about any adverse findings that might be made. The Tribunal was satisfied it was appropriate in all the circumstances to make an order that the hearing proceed in the absence of Ms Roberts and did so.