Health Care Complaints Commission v Le [2020] NSWCATOD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Le [2020] NSWCATOD 143 Hearing dates: 18, 19 May 2020; submissions closed 29 July 2020 Date of orders: 08 December 2020 Decision date: 08 December 2020 Jurisdiction: Occupational Division Before: L Pearson, Principal Member J Chen, Senior Member M Viswanathan, Senior Member A Johnston, General Member Decision: (1) The Respondent is reprimanded pursuant to s 149A(1)(a) of the National Law. (2) The following conditions are to be imposed upon the Respondent's registration when he is registered pursuant to s 149A(1)(b) and (3)(b) of the National Law: (a) The Respondent is to practice under the supervision of an experienced pharmacist for a period of 12 months and any further period determined by the Council: (i) The Respondent is to nominate a registered experienced pharmacist who is unrelated to him to act as his supervisor for approval by the Council, within 14 days of commencing work; (ii) The supervision relationship is to continue for a minimum period of 12 months from the date of the Council's approval of the supervisor, with the Council to determine if an additional period of supervision is appropriate; (iii) The supervisor is to be present within the pharmacy/ facility in which the Respondent is providing services, and is to be available to provide face to face communication with him; (iv) The Respondent is to authorise the supervisor to report to the Council if there is any concern about his professional conduct or personal well-being; (v) The Respondent is to authorise the supervisor to provide a report to the Council about his professional conduct and personal well-being at quarterly intervals and at the conclusion of the 12 month period of supervision; (vi) The Respondent is to authorise the Council to provide the nominated and approved supervisor with a copy of relevant tribunal decisions; (vii) The Respondent is to meet all costs associated with the supervision condition. (b) The respondent must not work as a pharmacist in charge for a period of 12 months and any further period determined by the Council; (c) The Respondent must not work as the sole pharmacist on duty for a period of 12 months and any further period determined by the Council; (d) As soon as practicable on commencing employment with any pharmacy the Respondent must advise the Council of the name of the pharmacy; (e) The Respondent must provide any pharmacy in which he obtains employment within 12 months of the date these conditions take effect with a copy of the decision and reasons of the Tribunal; (3) The Pharmacy Council of New South Wales is the appropriate review body for the purposes of Div 8 of Pt 8 of the Health Practitioner Regulation National Law (NSW); (4) The Respondent is to pay the costs of the Health Care Complaints Commission's costs of these proceedings pursuant to clause 13(1) of Schedule 5D of the Health Practitioner Registration National Law (NSW) as agreed or assessed. Catchwords: PROFESSIONS AND TRADES – health practitioner –pharmacist - improperly obtaining Schedule 8 and Schedule 4 medication from pharmacy – unsatisfactory professional conduct – protective orders – reprimand - conditions on registration Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation National Law (Qld) Cases Cited: Attorney General for New South Wales v Gatsby (2018) 99 NSWLR 1 Burns v Corbett [2018] HCA 15 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Fearon [2018] NSWCATOD 26 Health Care Complaints Commission v Murray [2018] NSWCATOD 119 Health Care Complaints Commission v Perera [2018] NSWCATOD 112 Health Care Complaints Commission v Pickett [2019] NSWCATOD 53 Health Care Complaints Commission v Sloane [2018] NSWCATOD 37 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Health Ombudsman v Le [2020] QCAT 170 Lee v Health Care Complaints Commission [2012] NSWCA 80 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Jhaii Kiet Nghi Le (Respondent) Representation: Counsel: D Fuller (Applicant)