Health Care Complaints Commission v Kaye (No 2) [2022] NSWCATOD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Kaye (No 2) [2022] NSWCATOD 79 Hearing dates: 20 May 2022 Date of orders: 21 July 2022 Decision date: 21 July 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. The respondent's registration as a pharmacist is cancelled. 2. The respondent may not apply for review of the cancellation order for a period of 12 months. 3. The Tribunal proposes to order the respondent to pay the applicant's costs as agreed or as assessed. If either party wishes to seek some other order, they should provide submissions to the Registry and the other party within two weeks of the date of publication of these reasons, and that party should reply within a further two weeks. 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 Health Practitioner Regulation National Law (NSW) – ss 139B(1)(l), 139E, 149C(1), 149C(7); Sch 5F Cases Cited: A Solicitor v Council of the Law Society of New South Wales (2004) 216 CLR 253 Crickett v Medical Council of New South Wales (No 2) [2015] NSWCATOD 115 Gayed v Walton [1997] NSWCA 121 Health Care Complaints Commission v Abrams [2021] NSWCATOD Health Care Complaints Commission v Ahmad [2015] NSWCATOD 103 Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Bradley [2022] NSWCATOD 47 Health Care Complaints Commission v Cleary [2021] NSWCATOD 213 Health Care Complaints Commission v Elliott [2018] NSWCATOD 47 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Kaye [2022] NSWCATOD 24 Health Care Complaints Commission v Kennedy [2017] NSWCATOD 72 Health Care Complaints Commission v Murray (No 3) [2019] NSWCATOD 125 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Saab (No 2) [2020] NSWCATOD 64 Health Care Complaints Commission v Tane [2020] NSWCATOD 112 Health Care Complaints Commission v Tran [2021] NSWCATOD 82 Health Care Complaints Commission v Young [2020] NSWCATOD 138 Health Ombudsman v MKL [2022] QCAT 131 Lee v Health Care Complaints Commission [2012] NSWCA 80 Legal Services Commissioner v Sapountzis [2010] VCAT 1124 NSW Bar Association v Meakes [2006] NSWCA 340 Prothonotary of the Supreme Court of New South Wales v Chapman (unreported, CA(NSW), 14 December 1992) Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: None cited 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)