Health Care Complaints Commission v Slater [2020] NSWCATOD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Slater [2020] NSWCATOD 84 Hearing dates: 29 June 2020 Date of orders: 29 July 2020 Decision date: 29 July 2020 Jurisdiction: Occupational Division Before: J Millbank, Senior Member E Anderson, Senior Member J Zwart, Senior Member B Seth, General Member Decision: (1) Pursuant to a finding of professional misconduct and a finding that the practitioner is unfit in the public interest to practise the profession of pharmacy, the practitioner's registration is cancelled under s 149C(1)(b) and (c); (2) Pursuant to s 149C(7) of the National Law, the practitioner may not apply for a review of the above order for a period of one year; (3) The practitioner is reprimanded; (4) The respondent to pay 40% of the applicant's costs as agreed or assessed; (5) A non-publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting disclosure or publication of the names of Persons A-C listed in the schedule to the complaint. Catchwords: TRADES AND PROFESSIONS – Pharmacy – criminal findings – restricted drug possession without prescription or authority – drug labelling – failure to notify of criminal charges Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: ASIC v Rich [2005] NSWSC 62 Flori v Commissioner for Police [2015] 2 Qd R 497 Konopka v Commissioner of Police [2017] NSWIRComm 1014 R v Rapolti & Ors [2016] NSWCCA 264 Williams v Keelty (2001) 111 FCR 175 Texts Cited: Pharmacy Board of Australia, Guideline on Compounding Medicines (2015) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Phillip Lawrence Slater (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (Self-represented) File Number(s): 2020/00057402 Publication restriction: A non-publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting disclosure or publication of the names of Persons A-C listed in the schedule to the complaint.