Health Care Complaints Commission v Wong [2023] NSWCATOD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wong [2023] NSWCATOD 10 Hearing dates: 16 January 2023 Date of orders: 3 February 2023 Decision date: 03 February 2023 Jurisdiction: Occupational Division Before: G Blake AM SC, Senior Member J Chen, Senior Member J Zwart, Senior Member M Christensen, General Member Decision: (1) The respondent's registration is cancelled. (2) The respondent may not apply for review of order (1) above for two years from the date of this decision. (3) The respondent is to pay the costs of the applicant of the proceedings as agreed or assessed. Catchwords: HEALTH – Professional registration and discipline – pharmacist - where pharmacist is guilty of unsatisfactory professional conduct and professional misconduct, is not competent to practice as a pharmacist and is not otherwise a suitable person to hold registration as a pharmacist — what protective action should be taken Legislation Cited: Evidence Act 1995 (NSW) - s 140 Health Care Complaints Act 1993 (NSW) - s 21A Health Practitioner Regulation National Law (NSW) - ss 3A, 39, 139, 139B, 139E, 144, 145E, 145F, 149, 149C, 150, 150D, Sch 5 Poisons and Therapeutic Goods Act 1966 (NSW) - ss 8, 36AA Poisons and Therapeutic Goods (Poisons List) Proclamation 2016 (NSW) Poisons Standard December 2019 (Cth) Therapeutic Goods Act 1989 (Cth), s 52D Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Browne v Dunn (1894) 6 R 67 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Picones [2018] NSWCATOD 56 Health Care Complaints Commission v Schmaman [2019] NSWCATOD 82 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Health Care Complaints Commission v Wong [2022] NSWCATOD 59 Lee v Health Care Complaints Commission [2012] NSWCA 80 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 Qasim v Health Care Complaints Commission [2015] NSWCA 282 The Queen v The Herald & Weekly Times Pty Ltd [2021] VSC 253 Windsor v Health Care Complaints Commission [2020] NSWCA 110 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Chun Wah Wong (Respondent) Representation: Counsel: N Wootton (Applicant)