Health Care Complaints Commission v Abrams [2021] NSWCATOD 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Abrams [2021] NSWCATOD 128 Hearing dates: 8 December 2020, 20 April 2021, 3 August 2021 Date of orders: 31 August 2021 Decision date: 31 August 2021 Jurisdiction: Occupational Division Before: O Shub, Senior Member M Cross, Senior Member J Chen, Senior Member S Lovrovich, General Member Decision: (1) The registration of the Respondent is cancelled with effect from the date of this decision. (2) The Respondent is not permitted to seek a review of the cancellation for a period of four years from the date of this decision. (3) The Respondent will from the date of this decision be subject to a prohibition order as follows: (a) Mr Ian Abrams (the practitioner) is not to work in any health service as defined pursuant to s 4 of the Health Care Complaints Act 1993 (NSW), including online health services. (b) The practitioner is not to compound any scheduled or unscheduled medication whether the medication is intended to be used by a medical practitioner, allied health or alternative health practitioner or administered solely by the patient, or where the compound is part of a clinical trial. (4) The Respondent is ordered to pay the costs of the Applicant as assessed or agreed. Catchwords: HEALTH – professional registration and discipline – complaints – pharmacy – breach of duties of care to public – dispensing of various Sch 4 Drugs without appropriate prescriptions – compounding bulk manufacture – failure to supervise staff and prevent abuse Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation (Adoption of National Law) Act 2009 (NSW) Health Practitioner Regulation National Law (NSW) Local Profession Uniform Law Application Act 2014 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Therapeutic Goods Act 1989 (Cth) Therapeutic Goods Regulation 2008 (NSW) Therapeutic Goods Regulations 1990 (Cth) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v NSW Bar Association [1960] HCA 40; (1960) 104 CLR 186 Director General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Gillett [2007] NSWNMT Health Care Complaints Commission v Hart [2021] NSWCATOD 36 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Health Care Complaints Commission v Mayr [2017] NSWCATOD 52 Herron v McGregor (1986) 6 NSWLR 246 Law Society of New South Wales v Foreman Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: Pharmacy Board of Australia, Guidelines on Compounding of Medicines (2015) Pharmacy Board of Australia's Professional Practice Profile for Pharmacists Undertaking Complex Compounding (March 2015) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ian Saville Abrams (Respondent) Representation: Counsel: P Lowson (Applicant)