Health Care Complaints Commission v Ang [2022] NSWCATOD 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ang [2022] NSWCATOD 121 Hearing dates: 11, 12 and 13 May; 29 July 2022 Date of orders: 19 October 2022 Decision date: 19 October 2022 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member J Zwart, Senior Member A Steffensen, Senior Member R Leontini, General Member Decision: 1. The respondent is guilty of unsatisfactory professional conduct under s 139B(1)(a) of the National Health Practitioner Regulation Law (NSW). 2. The respondent is guilty of professional misconduct under s 139E(b) of the National Health Practitioner Regulation Law (NSW). 3. The registration of the respondent is cancelled 4. The respondent may not apply for a re-instatement order for a period of 18 months from the date of these orders. 5. The applicant is to file and serve submissions as to costs on or before 2 November 2022; 6. The respondent may respond on or before 16 November 2022; 7. The applicant may reply on or before 23 November 2022; 8. The Tribunal proposes to deal with the question of costs "on the papers" and without a hearing. If either party opposes that course they should address that issue in their submissions. Catchwords: PROFESSIONS AND TRADES – health care professional – pharmacy – unsatisfactory professional conduct – professional misconduct – appropriate protective orders Legislation Cited: National Health Practitioner Regulation Law (NSW) – 3(2)(a), 3A, 149C, Poisons and Therapeutic Goods Regulation 2008 (NSW) – cll 68(1)(e), 118, 177(2) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Health Care Complaints Commission v Brittain [2019] NSWCATOD 161 Health Care Complaints Commission v Daniel [2022] NSWCATOD 104 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v King [2013] NSWMT 9; Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Moslemi [2020] NSWCATOD 2 Health Care Complaints Commission v Sloane; Health Care Complaints Commission v Hayles [2018] NSWCATOD 37 Lee v Health Care Complaints Commission [2012] NSWCA 80 Nusrat Deano v Health Care Complaints Commission [2012] NSWSC 693 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Spicer v NSW Medical Council (Court of Appeal (NSW), 19 February 1981, unrep) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Judd Seng Long Ang (Respondent) Representation: Counsel: T Saunders (Respondent)