Health Care Complaints Commission v Abdalla (Pharmacist) [2020] NSWCATOD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Abdalla (Pharmacist) [2020] NSWCATOD 73 Hearing dates: On the papers Date of orders: 02 July 2020 Decision date: 02 July 2020 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member R Samimi, Senior Member J Chen, Senior Member R Kusuma, General Member Decision: In consequence of our finding of professional misconduct we make the following orders; (1) if the respondent had remained registered as a pharmacist we would have cancelled his registration effective as at this date. (2) the respondent is disqualified from being registered as a pharmacist for a period of 3 years from this date (3) we ask the Registrar of this Tribunal to request the Pharmacy Board of Australia to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board (4) costs are reserved with liberty to apply which must be exercised within one month of this date. Catchwords: PROFESSIONS AND TRADES – pharmacist also registered as medical practitioner proprietor of pharmacy adjoining medical practice – held conflict of interest with respect to circumstances of employed pharmacists dispensing prescriptions issued by respondent – held in circumstances where history of inappropriate filling of prescriptions for drugs of addiction respondent as proprietor was in breach of Guidelines issued by Pharmacy Board of Australia – finding of professional misconduct – finding that registration as a pharmacist would have been cancelled if the respondent had remained registered – consequential orders made – costs reserved Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Health Care Complaints Commission v Abdalla [2020] NSWCATOD 20 Health Care Complaints Commission v Do [2014] NSWCA 307 Spicer v NSW Medical Council (unreported, CA No.3 of 1981, 19 February 1981) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Hany Abdalla (Respondent) Representation: Counsel: K Burke (Respondent)