Health Care Complaints Commission v Nguyen [2022] NSWCATOD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Nguyen [2022] NSWCATOD 21 Hearing dates: 25, 26 October 2021 Date of orders: 21 February 2022 Decision date: 21 February 2022 Jurisdiction: Occupational Division Before: L Pearson, Principal Member B Scott, Senior Member T Hehir, Senior Member J Barker, General Member Decision: (1) The respondent is guilty of unsatisfactory professional conduct as defined in s 139B(1)(c) and (l) of the Health Practitioner Regulation National Law (NSW) and professional misconduct as defined in s 139E of the Health Practitioner Regulation National Law (NSW). (2) The respondent's registration is cancelled pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW). (3) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW), the respondent cannot make an application for review under Division 8 for a period of 2 years from the date of these orders. (4) Pursuant to s 149C(5) of the Health Practitioner Regulation National Law (NSW), the respondent is prohibited from supplying or authorising the supply of any scheduled products and from providing health services of a kind provided by registered health practitioners or pharmaceutical services, unless and until the Tribunal makes a reinstatement or other order in relation to the practitioner under s 163B of the Health Practitioner Regulation National Law (NSW). (5) The practitioner is to pay the Health Care Complaints Commission's costs of these proceedings pursuant to clause 13(1) of Schedule 5D of the Health Practitioner Registration National Law (NSW) as agreed or as assessed. Catchwords: OCCUPATIONS – health practitioner – pharmacist – proprietor pharmacist – conditions on registration – compliance – provision of forged documents – evidence to regulatory and investigatory bodies – Schedule 4 medicines – circumstances in which obtained – storage – whether unsatisfactory professional conduct – whether professional misconduct – protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (New South Wales) Regulation 2016 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Chen [2018] NSWCATOD 58 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Gong [2020] NSWCATOD 152 Health Care Complaints Commission v Grygiel (Stay application) [2019] NSWCATOD 123 Health Care Complaints Commission v Hanna [2018] NSWCATOD 113 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWCA 264 Health Care Complaints Commission v Saab [2019] NSWCATOD 179 Health Care Complaints Commission v Saab (No 2) [2021] NSWCATOD 137 Health Care Complaints Commission v Serafin [2021] NSWCATOD 11 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Vito Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Texts Cited: Pharmacy Board of Australia Code of Conduct for Pharmacists (March 2014) Pharmacy Board of Australia Guidelines for Proprietor Pharmacists (September 2015) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) My-Trang Nguyen (Respondent) Representation: Counsel: A Petrie (Applicant)