Health Care Complaints Commission v Azzam [2021] NSWCATOD 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Azzam [2021] NSWCATOD 106 Hearing dates: 19 and 20 July 2021 Date of orders: 5 August 2021 Decision date: 05 August 2021 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member D North OAM, Senior Member J Zwart, Senior Member M Christensen, General Member Decision: (1) Complaints One and Two are established. (2) Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) the registration of the respondent is cancelled. (3) The respondent 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) The respondent is to pay the applicant's costs as agreed or as assessed. Catchwords: HEALTH — professional registration and discipline — complaints — Pharmacist — findings of fact — onus of proof — standard of proof — unsatisfactory professional conduct — professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) no 86a – s 3A Poisons and Therapeutic Goods Regulation 2008 (NSW) – Civil and Administrative Tribunal Act 2013 (NSW) – Sch 5, cl 9(1). Cases Cited: Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Health Care Complaints Commission v Ahmad [2015] NSWCATOD 103 Health Care Complaints Commission v Do [2014] NSWWCA 307 Health Care Complaints Commission v Le [2021] NSWCATOD 104 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630. Health Care Complaints Commission v Livermore [2021] NSWCATOD 48 Health Care Complaints Commission v Nguyen [2019] NSWCATOD 166 Health Care Complaints Commission v Orr [2015] NSWCATOD 124 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408. Lee v Health Care Complaints [2012] NSWCA 80 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 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Michael Azzam (Respondent) Representation: Counsel: T Bagley (Applicant) T Saunders (Respondent)