Health Care Complaints Commission v Mai [2023] NSWCATOD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mai [2023] NSWCATOD 120 Hearing dates: 15 June 2023 Date of orders: 9 August 2023 Decision date: 09 August 2023 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member A Lee, Senior Member F Zirein, Senior Member B Seth, General Member Decision: 1. Complaint One, namely that the practitioner has been convicted of a criminal offence in NSW, is established. 2. Complaint Two, namely that the respondent is guilty of unsatisfactory professional conduct pursuant to s 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. Pursuant to s 149C(1)(c) of the Health Practitioner Regulation National Law (NSW) the registration of the respondent as a pharmacist is cancelled. 4. Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW), the respondent may not make an application to review order (3) for a period of one year from the date of these orders. 5. The respondent is to pay the applicant's costs as agreed or as assessed. 6. Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting disclosure to any person or entity of the names of the persons identified as persons A and B in the proceedings. Catchwords: OCCUPATIONS – pharmacists – misconduct and discipline – unsatisfactory professional conduct – appropriate protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36(3) Drug Misuse and Trafficking Act 1985 (NSW), s 25(1) Health Practitioner Regulation National Law (NSW), ss 130(1), 139B(1), 144(a), 149C(1) and 149C(7) Poisons and Therapeutic Goods Act 1966 (NSW), s 10(3) Cases Cited: Browne v Dunn (1893) 6 R 67 (HL) Health Care Complaints Commission v Azzam [2021] NSWCATOD 106 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Kaye (No 2) [2022] NSWCATOD 79 Health Care Complaints Commission v Ly [2010] NSWMT 20 Lee v Health Care Complaints [2012] NSWCA 80 New South Bar Association v Meakes [2006] NSWCA 340 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Cheng-Yun (Jason) Mai (Respondent) Representation: Counsel: K G Bennett (Respondent)