Akinci v Pharmacy Council of NSW [2021] NSWCATOD 214

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Akinci v Pharmacy Council of NSW [2021] NSWCATOD 214 Hearing dates: 29, 30 April; 1, 2, 5 July 2021 Date of orders: 21 December 2021 Decision date: 21 December 2021 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member J Zwart, Senior Member P Murney, Senior Member M Ficarra OAM, General Member Decision: 1. The appeal in proceedings 2020/00304014 is dismissed. 2. The appeal in proceedings 2021/00062272 is dismissed. 3. The appeals in proceedings 2020/00121575 are dismissed. 4. The Tribunal proposes to make an order that the Appellant pay the Council's costs as agreed or assessed. If either party seeks some other order: (a) they should provide submissions (of no more than three pages) to the other party, and to the Tribunal, within 28 days of receiving these reasons; (b) the other party may respond within a further 28 days; (c) any decision as to costs should be made "on the papers" and without a hearing. If either party thinks otherwise, they should address that issue in their submissions. Catchwords: PROFESSIONS AND TRADES — appeals from decision of Pharmacy Council of NSW — nature of appeal under s 159 of Health Practitioner Regulation National Law (NSW) — Power to make orders under s 150 of Health Practitioner Regulation National Law (NSW) Legislation Cited: Health Practitioner Regulation National Law (NSW) – ss 150, 150A, 150C, cl 5(4) of Sch 5F Medical Practice Act 1992 (NSW) – s 66 Poisons and Therapeutic Goods Regulation 2008 (NSW) – cl 118 Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430. Ghosh v Medical Council of New South Wales (2020) 102 NSWLR 303; [2020] NSWCA 122 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Jiang v Psychology Council of NSW [2016] NSWCATOD 104 Kirby v Dental Council of New South Wales [2017] NSWCATOD 64 Kirby v Dental Council of NSW [2020] NSWCA 91 Liang v University of Technology, Sydney [2018] NSWCATAP 285 Lindsay v NSW Medical Board [2008] NSWSC 40 Medical Council of New South Wales v Smithson [2021] NSWCA 53 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Saedlounia v Medical Council of New South Wales [2015] NSWCATOD 53. Simpson v Dental Council of NSW [2016] NSWCATOD 101 Soulmezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Mualla Kadriye Akinci (Appellant) Pharmacy Council of NSW (Respondent) Representation: Counsel: L Fernandez (Appellant) A Stafford (Respondent)