Health Care Complaints Commission v Pham [2021] NSWCATOD 41

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Pham [2021] NSWCATOD 41 Hearing dates: 11 – 12 February 2021 and by written submissions dated 19 February, 1 and 5 March 2021 Date of orders: 14 April 2021 Decision date: 14 April 2021 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member A Torrens, Senior Member D Preswick, Senior Member S Lovrovich, General Member Decision: (1) The registration of the respondent as a pharmacist is cancelled. (2) We fix a non-review period under section 163A(3)(a) of the Health Practitioner Regulation National Law (NSW) of 2 years. (3) The review body under section 163A is this Tribunal. (4) The respondent is to pay the costs of the applicant assessed in default of agreement. Catchwords: HEALTH — professional registration and discipline — complaint that respondent pharmacist responsible for conduct of others — whether complaint framed with sufficient particularity — held any deficiency overcome because proceedings conducted on basis respondent understood case being brought against him — no denial of procedural fairness HEALTH — professional registration and discipline — pharmacist also proprietor of pharmacy — multiple instances of inappropriate dispensing of regulated medication by respondent and other breaches of duty as a pharmacist — failure to comply with responsibilities as a proprietor — finding of professional misconduct — cancellation of registration as a pharmacist appropriate protective order — review period of 2 years — costs order made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 165B(5A) Health Practitioner Regulation National Law (NSW), ss 41, 139B, 139E, 150, 163A Poisons and Therapeutic Goods Regulation 2008 (NSW), cl 54 Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Ex parte Tziniolis; Re The Medical Practitioners Act (1966) 67 SR (NSW) 448 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Elliott [2018] NSWCATOD 47 King v Health Care Complaints Commission [2011] NSWCA 353 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Texts Cited: Pharmacy Board of Australia, "Code of conduct" (March 2014) Pharmacy Board of Australia, "Guidelines for proprietor pharmacists" (September 2015) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Steven Pham (Respondent) Representation: Counsel: R Donnelly (Applicant) S Barnes (Respondent)