Health Care Complaints Commission v Negus [2021] NSWCATOD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Negus [2021] NSWCATOD 50 Hearing dates: 1 – 3, 5 March 2021 Date of orders: 4 May 2021 Decision date: 04 May 2021 Jurisdiction: Occupational Division Before: O Shub, Senior Member P McAsey, Senior Member J Zwart, Senior Member Honorary Associate Prof P Macneill, General Member Decision: (1) The Respondent is guilty of unsatisfactory professional conduct and professional misconduct in respect of his behaviour while working as a registered pharmacist. (2) Had the Respondent been a registered pharmacist, the Tribunal would have cancelled his registration with immediate effect. (3) The Respondent shall not be entitled to apply for registration as a pharmacist for a period of one year from the date of this order. (4) The Respondent shall pay one third of the Applicant's costs as agreed or assessed. Catchwords: HEALTH — professional registration and discipline —— complaints — pharmacist — keeping of Schedule 8 drugs — failure to maintain dangerous drugs register — dispensing on improper prescriptions 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: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Clyne v The New South Wales Bar Association (1960) 104 CLR 186; [1960] HCA 40 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Duggan [2015] NSWCATOD 142 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) John Negus (Respondent) Representation: Counsel: A Petrie (Applicant) R Withana (Respondent)