Turner v Pharmacy Council of New South Wales [2022] NSWCATOD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Turner v Pharmacy Council of New South Wales [2022] NSWCATOD 156 Hearing dates: 9 November 2022 Date of orders: 24 November 2022 Decision date: 24 November 2022 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member Decision: (1) Pending further order, and until the disposition of the s 159B appeal the subject of the application of 24 October 2022, there be a stay in relation to the operation of Conditions 4(a) and 5(a) of the conditions imposed on the registration of the Applicant's entitlement to practise as a pharmacist made on 21 October 2022 and in respect of the word "possess" in Conditions 4 and 5. The application be otherwise dismissed. (2) The costs of the stay application are reserved for determination in the appeals. Catchwords: Health – professional registration and discipline – application for stay of conditions imposed by Council pending appeal Legislation Cited: Health Practitioner Regulation National Law (NSW); Poisons and Therapeutic Goods Act 1996; Poisons and Therapeutic Goods Regulation 2008 Cases Cited: Coal and Allied Operations Pty Ltd v AIRC (2000) CLR 194 Hanna v Pharmacy Council of New South Wales (No 2) [2021] NSWCATOD 181 Kirby v Dental Council of NSW [2018] NSWCA 1869 Lindsay v NSW Medical Board [2008] NSWSC 40 Liu v Chinese Medicine Council of NSW [2019] NSWCATOD 13 Mapa v Medical Council of New South Wales [2021] NSWCATOD 159 Medical Council of NSW v Lee [2017] NSWCA 282 Medical Council of New South Wales v Smithson [2021] NSWCA 53 Minister for Immigration and Border Protection v SZVFW (2018) 357 ALR 408 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 [2010] HCA 16 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Pridgeon v Medical Council of New South Wales [2022] NSWCA 60 Segal v Medical Council of New South Wales [2020] NSWCATOD 86 Steel v Medical Council of NSW [2020] NSWCATOD 77; Taylor v Medical Board of Australia [2018] NSWCATOD 50 Texts Cited: Nil Category: Procedural rulings Parties: Warren Turner (Applicant) Pharmacy Council of New South Wales (Respondent) Representation: Counsel: A Horvath SC (Applicant) T Flaherty (Applicant) O Jones (Respondent)