Health Care Complaints Commission v Sayar [2023] NSWCATOD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sayar [2023] NSWCATOD 84 Hearing dates: 27, 28 February and 1 March 2023 Date of orders: 16 May 2023 Decision date: 16 May 2023 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Decision: The applications of the respondent the subject of these reasons is dismissed. Catchwords: OCCUPATIONS – pharmacists – misconduct and discipline – unsatisfactory professional conduct - professional misconduct – procedural orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 28, 38, 49, 64 Evidence Act 1995 (NSW), s 128 Health Practitioner Regulation National Law (NSW) 2009, ss 3A, 165M; cl 7 of Sch 5D Cases Cited: Health Care Complaints Commission v Astor-Finn [2016] NSWCATOD Health Care Complaints Commission v Buys (No 2) [2020] NSWCATOD 70 Health Care Complaints Commission v BXD (No 2) [2015] NSWCATOD 135 Health Care Complaints Commission v Dr CRF [2016] NSWCATOD 120 Health Care Complaints Commission v Istephan [2017] NSWCATOD 15 Health Care Complaints Commission v Rickard [2017] NSWCATOD 120 Health Care Complaints Commission v XC [2015] NSWCATOD 9 John Fairfax and Sons Limited v Police Tribunal (1986) 5 NSWLR Walton v Momot [1997] NSWCA 334 Texts Cited: NSW Judicial Commission's "Civil Trials Courts Bench Book – Privilege against self-incrimination" Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) Ahmad Sayar (Respondent) Representation: Counsel: E Vuu (Respondent)