Hanna v Pharmacy Council of New South Wales [2021] NSWCATOD 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hanna v Pharmacy Council of New South Wales [2021] NSWCATOD 171 Hearing dates: 20, 22 October 2021 Date of orders: 22 October 2021 Decision date: 27 October 2021 Jurisdiction: Occupational Division Before: The Hon Jennifer Boland AM, Deputy President Decision: (1) The oral application for an interim stay is refused Catchwords: HEALTH – Professional registration and discipline – complaints – application for interim stay of conditions imposed by Council. Legislation Cited: Corporations Act 2001 (Cth) Health Practitioner Regulation (Adoption of National Law) Act 2009 (NSW) Health Practitioner Regulation National Law (NSW) Poisons & Therapeutic Goods Act 1966 (NSW) Cases Cited: Bova v Pharmacy Council of New South Wales [2014] NSWCATOD 40 Segal v Medical Council of New South Wales Application [2020] NSWCATOD 86 Solomon v Australian Health Practitioner Regulation Agency [2015] WASC 203 Category: Procedural rulings Parties: Tamer Hanna (Applicant) Pharmacy Council of New South Wales (Respondent) Representation: Counsel: T Flaherty (Applicant) A Petrie (Respondent) Solicitors: Bennett & Philp Lawyers (Applicant) Pharmacy Council of New South Wales (Respondent) File Number(s): 2021/00293298 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. Mr Tamar Hanna is a registered pharmacist. Following a hearing conducted by the Pharmacy Council of New South Wales (the Council) under s 150 of the Health Practitioner Regulation National Law (NSW) (the National Law) conditions were imposed on Mr Hanna's registration. The conditions came into effect when notified by the Council to Mr Hanna in a letter dated 13 October 2021. 2. On 14 October 2021 Mr Hanna filed an External Appeal form in the Tribunal. The appeal is agitated under both s 159 and s 159B of the National Law. On 14 October 2021 Mr Hanna also filed an application for a Stay. 3. Mr Hanna's appeal and his stay application were listed on an urgent basis for directions on 20 October 2021. On that day Mr Hanna's counsel made an oral application for an interim stay pending the hearing of the stay application .which has been fixed for hearing on 3 November 2021. Because the Council had been advised the matter was listed for directions only on 20 October 2021, I declined to hear the interim stay application that day and stood the oral application over until 9am on 22 October, 2021. 4. On 22 October 2021 both parties made short oral submissions. The Council opposed the interim stay. I granted leave to both parties to file and serve written submissions in respect of the interim stay on that day and indicated I would publish my orders either later on 22 October 2021 or, at the latest, on 25 October 2021 with reasons to follow. 5. The reasons which follow explain why I refused the interim stay.