Health Care Complaints Commission v Saab [2020] NSWCATOD 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Saab [2020] NSWCATOD 145 Hearing dates: 24, 25 and 26 June 2020; 6, 7, 20, 21, 27 and 28 August 2020; 25 September 2020 Date of orders: 11 December 2020 Decision date: 11 December 2020 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member K Carter, Senior Member D Preswick, Senior Member J Barker, General Member Decision: (1) The complaints of unsatisfactory professional conduct and professional misconduct are proved. (2) The proceedings are listed for directions on 18 December 2020 at 9.00 am. Catchwords: PROFESSIONAL REGISTRATION AND DISCIPLINE- Complaints – unsatisfactory professional conduct - professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 30 NSWLR 699 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 David Loewy and Sandra Loewy v Pharmacy Board of Victoria [1992] VSC 630 (7 December 1992) Donnelly v Health Care Complaints Commission (NSW) [2011] NSWSC 705 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Health Care Complaints Commission v Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Visvis [2020] NSWCATOD 87 Health Care Complaints Commission v Wingate [2007] NSWCA 326 Khodary [2003] NSWPB 4 Pharmacy Board of Australia v Tavakol [2014] QCAT 112 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Shuquan Liu v Health Care Complaints Commission [2018] NSWSC 315 Texts Cited: Macquarie Dictionary NSW Health, Guidelines for Non-handwritten Computer Generated Prescriptions (2015) NSW Ministry of Health, Pharmaceutical Services Unit, Guide to Poisons and Therapeutic Goods Legislation (June 2015) Pharmaceutical Society of Australia, Code of Ethics for Pharmacists (2011) Pharmacy Board of Australia, Guidelines for Dispensing of Medicines (2015) Pharmacy Board of Australia, Guidelines on Responsibilities of Pharmacists when Practicing as Proprietors (September 2015) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Tony Saab (Respondent) Representation: Counsel: A Petrie (Applicant) M Kalyk (Respondent)