Health Care Complaints Commission v Wannell [2022] NSWCATOD 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wannell [2022] NSWCATOD 166 Hearing dates: 7 – 9 November 2022 Date of orders: 13 December 2022 Decision date: 13 December 2022 Jurisdiction: Occupational Division Before: The Hon D A Cowdroy AO KC, Principal Member A Aylott, Senior Member D North OAM, Senior Member Dr R Leontini, General Member Decision: The Tribunal orders that: (1) The name and address of the witnesses listed in the Schedule to the attached Complaint is not to be disclosed pursuant to clause 7 Schedule 5D of the Health Practitioner Regulation National Law (NSW) ('National Law'). (2) The respondent practise for a period of 12 months from the date of these orders subject to the following conditions: (a) Always practise as a pharmacist under the supervision of another pharmacist, as approved by the Pharmacy Council of New South Wales. (b) Complete within 12 months from the date of these orders not less than 152 hours of supervised practice in accordance with the Pharmacy Board of Australia's (the Board's) Registration standard : Supervised practice arrangements (c) Successfully complete within 12 months of the date of these orders an oral examination (Pharmacy law and ethics) in accordance with the Board's Registration standard: Examinations for eligibility for general registration (d) Not to possess, supply, manufacture or dispense any "drug of addiction" including derivatives or compounded medication (Schedule 8 on the NSW Poisons List (as defined by the Poisons and Therapeutic Goods Regulation 2008 (NSW) or any substance in an equivalent list in any other Australian State or Territory. (e) Not to possess, supply, manufacture or dispense any substance listed in Schedule 4 Appendix D to the Poisons and Therapeutic Goods Regulation 2008 (NSW) or any substance in an equivalent list in any other Australian State or Territory. (f) To advise the Pharmacy Council of NSW of any change of employment within seven days of commencing employment. (3) The respondent be referred for assessment within the Health Program of the Pharmacy Council of NSW. (4) The respondent pay the Commission's costs under clause 13 of Schedule 5D of the National Law, and of the reserved costs in respect of the application before the Tribunal. Catchwords: Health – pharmacist failing to notify the Pharmaceutical Regulatory unit of loss or discrepancies in recordkeeping for drugs of addiction - dispensing for family member – such member already in an opioid treatment program – respondent removing patient prescriptions and labels to her home without knowledge of employer –- failing to maintain accurate and legible records of drug checks - failing to notify as required by regulations of discrepancies in stocks of dangerous drugs-whether records of the respondent were misleading-prescription errors-whether pharmacist suffers from an impairment – measures for rehabilitation. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 BronzeWing International Pty Ltd v SafeWork. SafeWork NSW [2017] NSWCA 41 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Mazzaferro [2011) NSWMT 9 Health Care Complaints Commission v Philipia [2013] NSWCA 342 Latoudis v Casey (1990) 170 CLR 534 NSW Medical Board v Dinaker (2009) NSWMT 8 Ohn v Walton (1995) 36 NSWLR 77 Qasim v HCCC [2015] NSW CA 282 Spicer v NSW Medical Council (unreported, CA No.3 of 1981, 19 February 1981) Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Shilo Wannell (Respondent) Representation: Counsel: E Bailey (Applicant) N Roucek (Respondent)