Health Care Complaints Commission v Bradley [2022] NSWCATOD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bradley [2022] NSWCATOD 47 Hearing dates: 12 and 13 April 2022 Date of orders: 02 May 2022 Decision date: 02 May 2022 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member A Aylott, Senior Member B Scott, Senior Member Dr C Berglund, General Member Decision: (1) Each of Complaints One, Two, Three, Four and Five is established. (2) The respondent's registration as a pharmacist is suspended for a period of six months. (3) The following practice conditions are placed on the respondent's registration as a pharmacist: (a) To practise under Category B supervision in accordance with the Pharmacy Council of NSW's compliance policy- Supervision (as varied from time to time) and subsequently determined by the appropriate review body. (i) At each meeting the practitioner is to review and discuss her practice with her supervisor with particular focus on: (A) workload; (B) performance; (C) dispensing/drug register records; (D) appropriate dispensing procedures; (E) appropriate disposal of medication. (ii) To authorise the Pharmacy Council of NSW to provide proposed and approved supervisors with: (A) a copy of the Tribunal's decision (B) a copy of the practice conditions on the practitioner's registration (b) Must not handle, possess, supply, dispense, administer, or manufacture any substance detailed in Schedule 8 of the NSW Poisons List (drugs of addiction, derivative or compound medication) or any substance detailed in an equivalent list of any other Australian state or territory. (c) Not to practise until a supervisor has been approved by the Pharmacy Council of NSW. (d) Not to work as the sole pharmacist. Upon entering the pharmacy premises in which she works, she must notify the pharmacist in charge. (e) To forward evidence to the Pharmacy Council of NSW within 7 days that she has provided a copy of this decision and her practice conditions to her employer(s). (f) Within 7 days of a change in the nature or place of her practice, she is to forward evidence to the Pharmacy Council of NSW that she has provided a copy of this decision and Orders (3)(a) – (3)(c) to her employer(s). (g) To authorise the Pharmacy Council of NSW to notify current and future persons or organisations at places where she works as a pharmacist in Australia, of any issues arising in relation to the compliance with these conditions. (h) Within three months of the date of this decision the practitioner is to commence the Ethics and Dispensing in Pharmacy Practice course offered by the Pharmaceutical Society of Australia (PSA), or an equivalent course approved by the Council: (i) Within 3 months of the date of the decision the practitioner must provide evidence to the Pharmacy Council of NSW of her enrolment in the abovementioned program. (ii) Within 1 month of completing the abovementioned program, the practitioner is to provide documentary evidence to the Council of her satisfactory completion of the program. (iii) To bear responsibility for any costs incurred in meeting this condition. (iv) In the event that the abovementioned program is unavailable, the practitioner must propose to the Council for approval a similar course to be undertaken in accordance with the requirements of this condition and provide a written explanation as to the reasons why she is making the proposal, by no later than 3 months from the date of this decision. (4) The following (private) health conditions are placed on the respondent's registration as a pharmacist: [NOT FOR PUBLICATION] (5) As to any review pursuant under ss 163 -163C of the Health Practitioner Regulation National Law, the appropriate review body for the purpose of a review is the Pharmacy Council of NSW when the respondent has a principal place of practice in NSW. (6) Sections 125 and 127 of the Health Practitioner Regulation National Law are to apply while the respondent's principal place of practice is anywhere in Australia other than NSW, so that a review of these conditions can be conducted by the Pharmacy Board of Australia. Catchwords: PROFESSIONS AND TRADES – health care professional – pharmacy – where practitioner admits she is guilty of unsatisfactory professional conduct and professional misconduct – appropriate protective orders Legislation Cited: Health Care Complaints Act 1993 (NSW) – s 40 Health Practitioner Regulation National Law (NSW)- ss 3, 3A, 139B(1)(a), 139B(1)(l), 139E, 149C, 150 Poisons and Therapeutic Goods Regulation 2008 – cll 85, 101, 102(1), 112, 177 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 Do [2014] NSWCA 307 Health Care Complaints Commission v Farhat [2018] NSWCATOD 193 Health Care Complaints Commission v Fearon [2018] NSWCATOD 26 Health Care Complaints Commission v Kaye [2022] NSWCATOD 24 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Konigson [2021] NSWCATOD 186 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Ly [2010] NSWMT 20 at [20]; Health Care Complaints Commission v Mikhail [2021] NSWCATOD 103 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Orr [2015] NSWCATOD 124 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Pickett [2019] NSWCATOD 53 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Health Care Complaints Commission v ZXY [2021] NSWCATOD 136 Law Society of NSW v Foreman (1994) 34 NSWLR 408. New South Bar Association v Meakes [2006] NSWCA 340; NSW Bar Association v Meakes [2006] NSWCA 340 Pillai v Messiter [No 2] (1989)16 NSWLR 197 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 Texts Cited: Pharmacy Board of Australia, Code of Conduct for Pharmacists (March 2014) – sections 4.2, 8.1, 8.10 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Caroline Jane Bradley (Respondent) Representation: Counsel: D Fuller (Applicant)