Health Care Complaints Commission v Sayar (No 2) [2023] NSWCATOD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sayar (No 2) [2023] NSWCATOD 85 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 Dr A Bennett, Senior Member B Scott, Senior Member M Maher, General Member Decision: 1. Complaint One, namely that pursuant to s 144(a) of the Health Practitioner Regulation National Law (NSW), the respondent has been convicted of criminal offences in New South Wales, is established. 2. Complaint Two, namely that the respondent is guilty of unsatisfactory professional conduct pursuant to ss 139B(1)(b) of the Health Practitioner Regulation National Law (NSW), in that he contravened s 130(1) of the National Law, is established. 3. Complaint Three, namely that the respondent is guilty of unsatisfactory professional conduct pursuant to ss 139B(1)(b) of the Health Practitioner Regulation National Law (NSW), in that he contravened s 109 of the Health Practitioner Regulation National Law (NSW), is established. 4. Complaint Four, namely that the respondent is guilty of unsatisfactory professional conduct under s 139B(1)(l) of the Health Practitioner Regulation National Law (NSW), in that the practitioner has engaged in improper or unethical conduct relating to the practice or purported practice of pharmacy, is established. 5. Complaint Five, namely that the respondent is guilty of professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW), is established. 6. Complaint Six, namely that pursuant to s 144 (d) of the Health Practitioner Regulation National Law (NSW), the respondent has an impairment within the meaning of s 5 of the National Law, being a physical or mental impairment, disability or condition or disorder (including substance abuse or dependence) that detrimentally affects or is likely to detrimentally affect the respondent's capacity to practise the profession of pharmacy, is established. 7. Complaint Seven, namely that the respondent is not competent within the meaning of s 144(c) of the Health Practitioner Regulation National Law (NSW), in that the respondent lacks the mental or physical capacity to practise as a pharmacist, is established. 8. Pursuant to s 149C(1)(a), (b) and (c) of the Health Practitioner Regulation National Law (NSW) the registration of the respondent as a pharmacist is cancelled. 9. Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW), the respondent may not make an application to review order (8) for a period of three years and six months from the date of these orders. 10. The respondent is to pay the applicant's costs as agreed or as assessed. Catchwords: OCCUPATIONS – pharmacists – misconduct and discipline – unsatisfactory professional conduct - professional misconduct – appropriate protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 38 Health Practitioner Regulation National Law (NSW), ss 41, 109, 130, 139B(1)(b), 139B(1)(l), 139E, 144, 149A, 149C, 150, 150A, 150C Legal Practitioner Uniform Law Application Act 2014 (NSW) Road Transport Act 2013 (NSW), s 110 Cases Cited: Health Care Complaints Commission v Abad [2009] NSWNMT 23 Health Care Complaints Commission v Abrams [2021] NSWCATOD 128 Health Care Complaints Commission v Aref [2018] NSWCATOD 133 Health Care Complaints Commission v Azzam [2021] NSWCATOD 106: Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Bradley [2022] NSWCATOD 47 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karunaratne (No 2) [2018] NSWCATOD 201 Health Care Complaints Commission v Kaye (No 2) [2022] NSWCATO Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Khan (No. 2) [2019] NSWCATOD 37 Health Care Complaints Commission v Le [2021] NSWCATOD 104 Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Ly [2010] NSWMT 20 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Oladiran [2020] NSWCATOD 56 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Saab (No 2) [2020] NSWCATOD 64 Health Care Complaints Commission v Tran [2021] NSWCATOD 82 Health Care Complaints Commission v Turner [2016] NSWCATOD 163 Health Care Complaints Commission v Wood [2020] NSWCATOD 60 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 New South Bar Association v Meakes [2006] NSWCA 340 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282. Sabag v Health Care Complaints Commission [2001] NSWCA 411 Wanigaratne v Health Care Complaints Commission [2000] NSWCA 204 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ahmad Sayar (Respondent) Representation: Counsel: E Vuu (Respondent)