Health Care Complaints Commission v Jason Vuong [2022] NSWCATOD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Jason Vuong [2022] NSWCATOD 83 Hearing dates: 4 & 5 April 2022, and written submissions dated 12 April 2022. Date of orders: 29 July 2022 Decision date: 29 July 2022 Jurisdiction: Occupational Division Before: The Hon Jennifer Boland AM, Deputy President H Dowling, Senior Member D North OAM, Senior Member M Maher, General Member Decision: 1. Pursuant to s 149C of the Health Practitioner Regulation National Law (NSW) ("the National Law") the registration of Jason Phat Thanh Vuong ("the practitioner") is cancelled. 2. Pursuant to s 149C (7) of the National Law the practitioner shall not make an application for review of Order 1 of these orders for a period of two years from the date of this decision. 3. The practitioner is to pay the costs of the Health Care Complaints Commission as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH – Professional registration and discipline – Professional misconduct – pharmacist admits conduct constitutes professional misconduct – appropriate protective orders. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW Poisons and Therapeutic Goods Regulation 2008 (NSW). Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Health Care Complaints Commission v Desland [2022] NSWCATOD 13 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Fearon [2018] NSWCADOD 26 Health Care Complaints Commission v Grieve [2016] NSWCATOD 28 Health Care Complaints Commission v Kazeme [2020] NSWCATOD 25 Health Care Complaints Commission v Naama [2021] NSWCATOD 109. Health Care Complaints Commission v Shrimpton (No 2) [2019] NSWCATOD 48 Health Care Complaints Commission v Tane (No 2) [2020] NSWCATOD 159 Health Care Complaints Commission v Taylor [2010] NSWNT 10 Texts Cited: Pharmacy Board of Australia Code of Conduct Pharmaceutical Society of Australia Dispensing Practice Guidelines Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Jason Phat Thanh Vuong (Respondent) Representation: Counsel: D Fuller (Applicant) Y L R Chen (Respondent)