Health Care Complaints Commission v ZXY [2021] NSWCATOD 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v ZXY [2021] NSWCATOD 136 Hearing dates: 14 July 2021 Date of orders: 6 September 2021 Decision date: 06 September 2021 Jurisdiction: Occupational Division Before: The Hon J Boland AM, Deputy President J Ludington, Senior Member P Murney, Senior Member J Barker, General Member Decision: 1. Pursuant to s 149C (1) of the Health Practitioner Regulation National Law (NSW) (the National Law) the registration of ZXY (the practitioner) is cancelled. 2. Pursuant to s 149C (7) of the National Law the practitioner may not apply for a review of Order 1 for a period of four years from the date of these orders. 3. The practitioner is to pay the costs of the Health Care Complaints Commission as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). 4. Pursuant to s 64 (1) (a) of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting the publication of the name of the practitioner except to the Pharmacy Council of New South Wales, the Pharmacy Board of Australia and the Health Practitioner Regulation Agency. Catchwords: HEALTH – professional registration and discipline – unsatisfactory professional conduct – professional misconduct – where practitioner engaged in improper and unethical conduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Criminal Records Act 1991 (NSW) Evidence Act 1995 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Public Health Act 2010 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v New South Wales Bar Association [1960] HCA 40; (1960) 104 CLR 186 Council of the Law Society of New South Wales v DRM [2021] NSWCATOD 105 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Health Care Complaint Commission v Vo [2014] NSWCATOD 127 Health Care Complaints Commission v BXD (No 1) [2015] NSWCATOD 134 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v XC [2015] NSWCATOD 9 Heath Care Complaints Commission v Reid (Publication Application) [2019] NSWCATOD 31 Merrilyn Walton v Alexander Sergevich Momot & Anor [1997] NSWSC 143 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] 67 ALJR 70 Windsor v Health Care Complaints Commission [2020] NSWCA 110 Texts Cited: Guide to Poisons and Therapeutic Goods Legislation for Pharmacists Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) ZXY (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2021/00091271 Publication restriction: Pursuant to s 64 (1) (a) of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting the publication of the name of the practitioner except to the Pharmacy Council of New South Wales, the Pharmacy Board of Australia and the Health Practitioner Regulation Agency.