Health Care Complaints Commission v Naamo [2021] NSWCATOD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Naamo [2021] NSWCATOD 109 Hearing dates: 26 July 2021 Date of orders: 5 August 2021 Decision date: 05 August 2021 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member J Chen, Senior Member A Aylott, Senior Member J Sillince, General Member Decision: (1) The respondent is reprimanded. (2) Pursuant to s 149C(1)(b) the registration of the practitioner as a pharmacist is cancelled. (3) Pursuant to s 149C(7) the respondent may not apply for review of Order (2) for a period of five years. (4) The respondent is to pay the costs of the applicant in an amount assessed in default of agreement. Catchwords: OCCUPATIONS — pharmacist – respondent found to have engaged in misconduct involving the dispensing, storage and dispersal of drugs of addiction and other restricted substances – respondent did not participate in proceedings – held conduct constituted professional misconduct – protective orders – reprimand imposed – registration cancelled – non-review period fixed of five years – costs order made Legislation Cited: Health Practitioner Regulation National Law (NSW) ss 139B, 139E, 149A, 149C, 150 Poisons and Therapeutic Goods Regulation 2008 (NSW) cl 35, 39, 40, 41, 54, 67, 69, 76, 86(1)(f), 87(1), 80, 85, 89, 95, 112,113, 118, 124, 138, 177. Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Spicer v NSW Medical Council (unreported, CA No.3 of 1981, 19 February 1981) Texts Cited: None Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Sevan Naamo (Respondent) Representation: Counsel: D Fuller (Applicant)