Health Care Complaints Commission v Saab (No 2) [2020] NSWCATOD 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Saab (No 2) [2020] NSWCATOD 64 Hearing dates: 2, 3 and 4 March 2020 Date of orders: 16 June 2020 Decision date: 16 June 2020 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member M Cross, Senior Member E Anderson, Senior Member H Schutz, General Member Decision: (1) Mr Saab is reprimanded under s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW). (2) The conditions set out in Schedule A headed "Health Care Complaints Commission v Hussein Saab – Conditions" (the Conditions) are to be imposed on Mr Saab's registration. (3) The Conditions may be altered, varied or removed at the discretion of the Pharmacy Council of New South Wales and the Council is the appropriate review body for the purposes of Div 8 of Pt 8 of the Health Practitioner Regulation National Law (NSW). (4) While Mr Saab's principal place of practice is in NSW, the Council is the appropriate review body for the purposes of Pt 8, Div 8 of the National Law. (5) Mr Saab is to pay 70 percent of the Health Care Complaints Commission's costs pursuant to Clause 13, Schedule 5D of the National Law for the Stage 1 hearing. (6) Mr Saab is to pay all the Health Care Complaints Commission's costs pursuant to Clause 13, Schedule 5D of the National Law for the Stage 2 hearing. Catchwords: PROFESSIONS AND TRADES – Health Practitioner –appropriate form of protective orders – costs Legislation Cited: Health Practitioners Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Bar Association v Meakes [2006] NSWCA 340 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd [1993] FCA 259 Health Care Complaints Commission v Brittain [2019] NSWCATOD 161 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karimi [2018] NSWCATOD 197 Health Care Complaints Commission v Moslemi [2020] NSWCATOD 2 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Saab [2019] NSWCATOD 179 Health Care Complaints Commission v Sloane; Health Care Complaints Commission v Hayles [2018] NSWCATOD 37 Lee v Health Care Complaints Commission [2012] NSWCA 80 Northern Territory v Sangare [2019] HCA 25 Nusrat Deano v Health Care Complaints Commission [2012] NSWSC 693 Oshlack v Richmond River Council [1998] HCA 11 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Hussein Saab (Respondent) Representation: Counsel: A Petrie (Applicant) D Villa SC (Respondent)