Health Care Complaints Commission v Haydon [2021] NSWCATOD 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Haydon [2021] NSWCATOD 63 Hearing dates: 1 – 3, 5 March 2021 Date of orders: 18 May 2021 Decision date: 18 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 her behaviour while working as a registered pharmacist. (2) The Respondent suffers from an impairment. (3) Had the Respondent been a registered pharmacist, the Tribunal would have cancelled her registration with immediate effect. (4) The Respondent shall not be entitled to apply for re-registration as a pharmacist for a period of three years from the date of these orders. (5) Until such time as the Respondent is re-registered as a pharmacist the Respondent may not work in any role in which she may possess, handle or control any Schedule 8 drugs. (6) The Respondent shall pay two thirds 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 prescription — diversion of Schedule 8 drugs — impairment 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: 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 Negus [2021] NSWCATOD 50 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Kristen Haydon (Respondent) Representation: Counsel: Ms Petrie (Applicant) Mr McMahon (Respondent)