Health Care Complaints Commission v Kaye [2022] NSWCATOD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Kaye [2022] NSWCATOD 24 Hearing dates: 4 and 5 November 2021 Date of orders: 25 February 2022 Decision date: 25 February 2022 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member J Chen, Senior Member K Carter, Senior Member A Gray, General Member Decision: 1. Complaint One is established, that is that the practitioner was convicted of criminal offences and made the subject of a criminal finding in New South Wales. 2. Complaint Two is established, namely that the practitioner is guilty of unsatisfactory professional conduct under s 139B(1)(l) of the Health Practitioner Regulation National Law (NSW) in that the practitioner has engaged in improper or unethical conduct relating to the practice or purported practice of pharmacy. 3. Complaint Three is established, namely that the practitioner is guilty of unsatisfactory professional conduct under s 139B(1)(b) of the Health Practitioner Regulation National Law (NSW) in that the practitioner has contravened a provision of the National Law. 4. Complaint Four is established, namely that the practitioner is guilty of professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW). Catchwords: PROFESSIONS AND TRADES – health care professional – pharmacy – where practitioner admits he is guilty of unsatisfactory professional conduct and professional misconduct – appropriate protective orders Legislation Cited: Crimes Act 1900 (NSW), s 117 Crimes (Sentencing Procedure) Act 1999 (NSW), s 9(1)(b) Health Practitioner Regulation National Law (NSW), ss 3, 3A, 5, 139B, 139E, 144(a), 149C, cl 3 of Sch 5F, cl 11(2)(a) of Sch 5F Cases Cited: Allinson v General Council of Medical Education and Registration [1984] 1 QB 750 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Pillai v Messiter [No 2] (1989)16 NSWLR 197 Siganto v The Queen (1998) 194 CLR 656 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Andrew Peter Kaye (Respondent) Representation: Counsel: A Bhasin (Applicant) A Harding SC and R Withana (Respondent)