Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19:

1. Francisco Hill, also known as Frank Hill, was a registered nurse. These proceedings concern complaints brought by the Health Care Complaints Commission (HCCC) against Mr Hill. The particulars of the complaints concern, variously, harassment, including sexual harassment by Mr Hill of staff reporting to him or working alongside him in the period between 2016 and March 2022.

2. By an application and complaint filed on 24 May 2024 and amended on 30 August 2024, the HCCC has applied to the Tribunal, as it is required to do so where it has formed a view that the complaints, if substantiated, would provide grounds for suspension or cancellation of Mr Hill's registration as a nurse: Health Practitioner Regulation National Law (NSW) (National Law), s 145D, for disciplinary findings and orders of the following kind;

1) That disciplinary findings be made that Mr Hill is guilty of unsatisfactory professional conduct and professional misconduct;

2) Various protective orders under the National Law. The National Law was adopted as law in New South Wales by the Health Practitioner Regulation (Adoption of National Law) Act 2009 (NSW); and

3) An order for costs as agreed or assessed on the ordinary basis.

3. For the following reasons, we find that;

1) Mr Hill is guilty of unsatisfactory professional conduct in relation to complaints 1 to 8 as set out in the Amended Complaint; and

2) Mr Hill is guilty of professional misconduct in relation to complaint nine, which relies on the accumulation of Mr Hill's conduct arising from the first eight complaint findings;

3) Protective orders are necessary as we are satisfied that they are necessary to protect the public from the substantial risk arising from the conduct of Mr Hill; and

4) Mr Hill is liable to pay the costs of the HCCC in bringing the application.

The Hearing

4. The hearing was conducted on 18 September 2024 as a combined stage 1 and 2 proceeding.

5. Mr Hill did not attend the hearing. We are satisfied that Mr Hill, though making no admissions, has been served with adequate notice of the hearing and was entitled to appear and have representation and that his election not to participate in the proceedings does not prevent the Tribunal from conducting its inquiry in his absence: National Law, s 165J.

6. In particular, we are satisfied that Mr Hill knew of the proceedings and the hearing date since:

1) Mr Hill has been served with the Application and Complaint in their original and amended forms;

2) Mr Hill has not appeared at the directions hearing or filed any material in the proceedings;

3) Mr Hill has twice corresponded with the HCCC and Tribunal, in which he stated that he would not participate in the proceedings or attend any hearing.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196cc03468cae10c07ed056c)

Disclaimer: Curated by HT Syndication.