Health Care Complaints Commission v Visvis [2020] NSWCATOD 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Visvis [2020] NSWCATOD 87 Hearing dates: 13, 14, 15 July 2020 Date of orders: 31 July 2020 Decision date: 31 July 2020 Jurisdiction: Occupational Division Before: J Millbank, Senior Member J Zwart, Senior Member P Murney, Senior Member A Johnston, General Member Decision: (1) Pursuant to s 149C(1)(b) the registration of the practitioner as a pharmacist is cancelled; (2) Pursuant to s149C(7) the respondent may not apply for review of Order 1 for a period of two years; (3) The respondent is to pay the applicant's costs of these proceedings, as agreed or assessed; (4) Per s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) an order of non publication and non disclosure of the patients listed in the schedule to the complaint and all other patients named in the evidence. Catchwords: TRADES AND PROFESSIONS – Pharmacy – Proprietor Pharmacist – multiple dispensing of Sch 8 medications on forged scripts – multiple dispensing of Sch 8 medications at improper intervals – failure to account for missing Sch 8 and 4D medications Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Elliott [2018] NSWCATOD 47 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Sadek (No 2) [2018] NSWCATOD 90 Texts Cited: Pharmacy Board of Australia, Guidelines for Proprietor Pharmacists (2015) Australian Institute of Health and Welfare, Alcohol, Tobacco and other Drugs in Australia, Cat PHE 221 (2020) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Louis Visvis (Respondent) Representation: Counsel: A Britt (Applicant) L Fermanis (Respondent)