Health Care Complaints Commission v Phuoc Loc Le [2022] NSWCATOD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Phuoc Loc Le [2022] NSWCATOD 85 Hearing dates: 4 & 5 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 (1) of the Health Practitioner Regulation National Law NSW (the National Law) the registration of Phuoc Loc Le (the practitioner) is cancelled 2. The practitioner may not seek a review of Order 1 for a period of one year from the date of these orders. 3. The practitioner shall 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 – allegation of unsatisfactory professional conduct and professional misconduct against pharmacist Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2013 (NSW) Poisons and Therapeutic Goods Act 1966 NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Jason Vuong [2022] NSWCATOD 83 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Naamo [2021] NSWCATOD 109 Health Care Complaints Commission v Philipiah [2013] NSWCA 34 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170; (1992) 110 ALR 449. Qasim v Health Care Complaints Commission [2015] NSWCA 282 Shuquan Liu v Health Care Complaints Commission [2018] NSWSC 315 Texts Cited: Pharmaceutical Society of Australia Dispensing Practice Guidelines Pharmacy Board of Australia's Code of Conduct Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Phuoc Loc Le (Respondent) Representation: Counsel: D Fuller (Applicant)