Health Care Complaints Commission v Bui (no 2) [2022] NSWCATOD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bui (no 2) [2022] NSWCATOD 45 Hearing dates: 21 December 2021 Date of orders: 22 April 2022 Decision date: 22 April 2022 Jurisdiction: Occupational Division Before: A Britton, Deputy President J Chen, Senior Member P Murney, Senior Member V Webster, General Member Decision: 1. Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) Mr Bui's registration as a pharmacist is cancelled. 2. Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW) Mr Bui may not apply for review of the cancellation order for a period of 18 months. 3. Pursuant to s 61 of the Civil and Administrative Tribunal Act 2013 (NSW) orders 1 and 2 take effect 60 days from the date of this Decision. 4.Mr Bui is to pay the Commission's costs, as agreed or assessed Catchwords: HEALTH — Professional registration and discipline — Professional misconduct — exercise of power to cancel practitioner's registration Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Pharmacy Business Ownership Act 2001 (QLD) Cases Cited: Prakash v Health Care Complaints Commission [2006] NSWCA 153 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102. Lee v Health Care Complaints Commission [2012] NSWCA 80 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Bui [2021] NSWCATOD 77 Texts Cited: Nil Category: Consequential orders Parties: Health Care Complaints Commission (Applicant) Qui Van Bui (Respondent) Representation: Counsel: I Chatterjee (Applicant) D Petrushnko (Respondent)