Health Care Complaints Commission v Le [2021] NSWCATOD 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Le [2021] NSWCATOD 104 Hearing dates: 13 May 2021 Date of orders: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member B Scott, Senior Member K Carter, Senior Member M Christensen, General Member Decision: (1) All Complaints of the Amended Complaint dated 5 May 2021 are established, save for Particular 5(a) of Complaint Two and Particular 1 of Complaint Six. (2) Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) the registration of David Le is cancelled. (3) Mr Le may not make an application for review of Order 2 of these orders for a period of two years from the date of these orders. (4) If either party seeks an order as to costs, other than an order that Mr Le pay the Commission's costs as agreed or assessed, it must file with the Registry and give to the other party submissions within fourteen days of these reasons, such submissions being limited to three pages in length. (5) The other party may respond within a further fourteen days. (6) If either party opposes the Tribunal making its costs decision "on the papers", they should address that matter in their submissions. Catchwords: HEALTH — professional registration and discipline — complaints — pharmacist — findings of fact — onus of proof — standard of proof — unsatisfactory professional conduct — professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 38(1); Sch 5, cl 9(1) Evidence Act 1995, s 178 Health Care Complaints Act 1993 (NSW), s 34A Health Practitioner Regulation National Law (NSW), ss 3A, 3(2)(a), 116(1)(c), 139B(1)(a), 139B(1)(b), 139B(1)(l), 139E, 144(e), 149A, 149C; Sch 5D, cl 2 Poisons and Therapeutic Goods Act 1966 (NSW), s 18AA, 35(4) Poisons and Therapeutic Goods Regulation 2008, cl 24(1A) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chatoor v Health Care Complaints Commission of NSW [2020] NSWCA 111 Chen v Health Care Complaints Commission [2017] NSWCA 186 Council of the Law Society of New South Wales v Konstantinidis (No 4) [2021] NSWCATOD 94 Council of the New South Wales Bar Association v EFA (No 2) [2021] NSWCATOD 84 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Duggan [2015] NSWCATOD 142 Health Care Complaints Commission v Farrell [2017] NSWCATOD 160 Health Care Complaints Commission v Gahan (No 2) [2021] NSWCATOD 66 Health Care Complaints Commission v Gupta [2019] NSWCATOD 29 Health Care Complaints Commission v Haasbroek [2018] NSWCATOD 177 Health Care Complaints Commission v Joffe [2018] NSWCATOD 121 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Livermore [2021] NSWCATOD 48 Health Care Complaints Commission v Marsh [2016] NSWCATOD 155 Health Care Complaints Commission v Moulds [2010] NSWNMT 1 Health Care Complaints Commission v Simpson [2018] NSWCATOD 49 Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323; [2007] NSWCA 326 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Lee v Health Care Complaints Commission [2012] NSWCA 80 NSW Bar Association v Meakes [2006] NSWCA 340 Ohn v Walton (1995) 36 NSWLR 77 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Sudath v Health Care Complaints Commission (2012) 84 NSWLR 474; [2012] NSWCA 171 Windsor v Health Care Complaints Commission [2020] NSWCA 110 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) David Le (Respondent) Representation: Counsel: D Fuller (Applicant)