Australia, Aug. 2 -- New South Wales Land and Environment Court issued text of the following judgement on July 1:

1. By application dated 13 December 2024 the Health Care Complaints Commission (HCCC) has referred two complaints to the Tribunal for disciplinary findings and orders under the Health Practitioner Regulation National Law (NSW) (National Law) against Leon Thomas Raikes, the Respondent.

2. Mr Raikes was registered as a nurse on 16 December 2021 following an application for registration made on 21 September 2021 but has never held employment as a registered nurse. On 19 October 2022 Mr Raikes was convicted of a criminal offence committed on 14 November 2021.

3. Complaint One against Mr Raikes is that under s 144(a) of the National Law he has been convicted of a criminal offence in NSW.

4. Complaint Two against Mr Raikes is that he is guilty of unsatisfactory professional conduct because he contravened provisions of the National Law, in failing to notify of his conviction within the statutory timeframe, and that he made a false declaration on his nursing registration renewal application by failing to declare his change in his criminal history following being charged with two criminal offences.

5. The HCCC seeks an order under s 149C(1)(c) of the National Law cancelling Mr Raikes' registration with a non-review period of one year as well as an order in its favour as to costs.

6. In these reasons the Applicant is referred to as the Applicant or the HCCC and the Respondent is referred to as Mr Raikes, the Respondent, or the practitioner.

Material before the Tribunal

7. The HCCC provided to Mr Raikes and the Tribunal: two bundles of documents, a chronology, an evidentiary certificate and written submissions.

8. Mr Raikes provided to the HCCC and the Tribunal a bundle of documents including: a reply to the application for disciplinary proceedings dated 30 March 2025, a written reflection, his curriculum vitae, a record of his continuing professional development, a character reference dated 28 March 2025 from his current employer in a non-health related field, and a letter dated 3 February 2023 from a clinical psychologist.

9. At the hearing on 1 May 2025 Mr Raikes also provided an email chain of 26 October 2022 between himself and his legal representative in the criminal proceedings, notices of his withdrawal from two graduate registered nurse roles dated 5 and 6 May 2022 and a phone bill for the period 5 October 2022 to 4 November 2022.

10. Also at the hearing on 1 May 2025, a combined Stage 1 and 2 hearing, both parties made oral submissions and Mr Raikes gave oral evidence and was cross examined.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197afafd017c5c99111ccf9f)

Disclaimer: Curated by HT Syndication.