Health Care Complaints Commission v Osman [2023] NSWCATOD 177

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Osman [2023] NSWCATOD 177 Hearing dates: 8, 9 November 2023 Date of orders: 04 December 2023 Decision date: 04 December 2023 Jurisdiction: Occupational Division Before: S Dunn, Senior Member M Cross, Senior Member T Melocco, Senior Member J Sillince, General Member Decision: 1. Pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (National Law) the registration of Ahmed Osman (Respondent) as a pharmacist is cancelled. 2. Pursuant to s 149C(7) the Respondent may not apply for a review of Order 1 for a period of 6 months from the date of these orders. 3. Under clause 13 of Schedule 5D of the National Law the Respondent is to pay the Health Care Complaints Commission's costs as agreed or assessed. 4. Pursuant to ss 64(1)(b) and 64(1)(d) of the Civil and Administrative Tribunal Act, the contents of all paragraphs in these reasons marked "[NOT FOR PUBLICATION]" are not to be published or disclosed to anyone other than the Applicant, the Respondent, their legal representatives and the Tribunal. Catchwords: HEALTH – professional registration and discipline – pharmacist – supply of drugs to unknown persons without a prescription outside of pharmacy setting under threats of violence – unsatisfactory professional conduct – professional misconduct – appropriate protective orders. 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 (NSW) Therapeutic Goods Act 1989 (Commonwealth) Therapeutic Goods (Poisons Standard—February 2020) Instrument 2020 (Commonwealth) Therapeutic Goods (Poisons Standard—February 2021) Instrument 2021 (Commonwealth) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336, [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Gayed v Walton [1997] NSWCA 121 Health Care Complaints Commission v Brush (No 2) [2015] NSWCATOD 154 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dobie (No 2) [2022] NSWCATOD 153 Health Care Complaints Commission v Khan (No 2) [2019] NSWCATOD 37 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWCA 264 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v McAlpine [2022] NSWCATOD 92 Health Care Complaints Commission v Moses (No 2) [2019] NSWCATOD 190 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Tran [2021] NSWCATOD 82 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ahmed Osman (Respondent) Representation: Counsel G James KC (Respondent)