Health Care Complaints Commission v Saab (No 2) [2021] NSWCATOD 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Saab (No 2) [2021] NSWCATOD 137 Hearing dates: 7 and 8 June 2021 Date of orders: 06 September 2021 Decision date: 06 September 2021 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member K Carter, Senior Member D Preswick, Senior Member J Barker, General Member Decision: 1. Under s149C(1)(b), Tony Saab's registration as a Pharmacist on the National Register of Health Practitioners maintained by the Australian Health Practitioner Regulation Agency is cancelled from the date of this order. 2. Under s149C(7) Tony Saab may not make an application under Division 8 to return to the register until at least five years from the date of this order. 3. Under s149C(5)(a) Tony Saab is prohibited from providing any pharmaceutical services (including as a pharmacy assistant, dispensary assistant and/or compounding assistant) until such time as he is re-registered as a pharmacist. 4.Tony Saab is to pay the costs of the Health Care Complaints Commission as agreed or, failing agreement, as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW) Catchwords: PROFESSIONAL REGISTRATION AND DISCIPLINE- Professional Misconduct - Cancellation of Registration – Prohibition Order – Substantial risk to the health of the public Legislation Cited: Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law (NSW) Cases Cited: Ex parte Tziniolis; Re Medical Practitioners Act (1956) 67 SR (NSW) 448 Health Care Complaints Commission v Do, [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342. Lee v HCCC [2012] NSWCA 80 Northern Territory v Sangare [2019] HCA 25 Prakash v HCCC [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Tony Saab (Respondent) Representation: Counsel: A Petrie (Applicant) M Kalyk (Respondent)