Health Care Complaints Commission v Knowles [2022] NSWCATOD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Knowles [2022] NSWCATOD 37 Hearing dates: 6, 7 and 8 December 2021 Date of orders: 31 March 2022 Decision date: 31 March 2022 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member D North OAM, Senior Member R Jaja, Senior Member Dr C Berglund, General Member Decision: 1. Each of Complaints Two and Four to Seventeen is established (save for particulars (1)(g) and (3) to Complaint Eleven). 2. If the respondent was still registered as a pharmacist, the Tribunal would have cancelled his registration. 3. The respondent is disqualified from being registered in the pharmacy profession for a period of three years from the date of these orders. 4. The Pharmacy Board of Australia is required to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board. 5. The respondent is to pay the applicant's costs of the proceedings. 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: Civil and Administrative Tribunal Act 2013 (NSW) s 64(1) Health Practitioner Regulation National Law No 86a of 2009 (NSW) – ss 3, 3A, 5, 139B, 139E, 149C Pharmacy Act 1964 (NSW) (repealed) – ss 19A, 25 Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Varma [2022] NSWCATOD 4 New South Bar Association v Meakes [2006] NSWCA 340 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Darryl Knowles (Respondent) Representation: Counsel: S Maybury (Applicant)