Health Care Complaints Commission v Young [2020] NSWCATOD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Young [2020] NSWCATOD 138 Hearing dates: 16 November 2020 Date of orders: 27 November 2020 Decision date: 27 November 2020 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member A Torrens, Senior Member M Cross, Senior Member M Maher, General Member Decision: (1) The registration of the respondent Albert Joshua Young as a pharmacist is cancelled. (2) This Tribunal is the appropriate review body. (3) In application for review of this decision shall not be made for a period of 4 years from this date. (4) The respondent is to pay the costs of the applicant assessed in default of agreement. Catchwords: PROFESSIONS AND TRADES – pharmacist unlawfully acquired subsidised products under NDSS on behalf of persons not registered for that purpose, falsely using the names of registrants without their knowledge or permission – pharmacist continued to work as such even though registration suspended – pharmacist gave false and misleading information to HCCC and Pharmacy Council of NSW – finding of professional misconduct – registration cancelled – costs order made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 64 Health Practitioner Regulation National Law (NSW) ss 41,139B,139E,149C,163A,cl13 Schedule 5D Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 339 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Albert Joshua Young (Respondent) Representation: Counsel: S Maybury (Applicant)