Health Care Complaints Commission v David Vuong [2022] NSWCATOD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v David Vuong [2022] NSWCATOD 84 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 David 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 one year 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 Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Jason Vuong [2022] NSWCATOD 83 Health Care Complaints Commission v Kaseme [2020] NSWCATOD 25 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65) Health Care Complaints Commission v Tane (No 2) [2020] NSWCATOD 159 Kaye v Health Care Complaints Commission [2017] NSWCATOD 157. Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170 Texts Cited: Diagnostic and Statistical Manual of Mental Disorders – 5: American Psychiatric Association Pharmaceutical Society of Australia Dispensing Practice Guidelines. Pharmacy Board of Australia Code of Conduct Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) David Vuong (Respondent) Representation: Counsel: D Fuller (Applicant) Y L R Chen (Respondent)