Health Care Complaints Commission v Akinci [2024] NSWCATOD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Akinci [2024] NSWCATOD 15 Hearing dates: 9, 10 & 11 October 2023 Date of orders: 12 February 2024 Decision date: 12 February 2024 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member H Dowling, Senior Member J Ludington, Senior Member B Seth, General Member Decision: 1. The Respondent is guilty of unsatisfactory professional conduct. 2. The Respondent is guilty of professional misconduct. 3. The proceedings are listed for directions in respect of the conduct of the Stage 2 hearing which must follow upon orders (1) and (2) at a date to be determined by the Registrar. Catchwords: OCCUPATIONS- pharmacists – misconduct and discipline – attempted importation of non-exempt therapeutic goods – dishonesty – unsatisfactory professional conduct and professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013, s 64 Customs Act 1901, s 229 Health Practitioner Regulation National Law (NSW), ss 139B(1), 139E, 149C, cl 13 of Sch 5D Poisons and Therapeutic Goods Act 1966, s 36A Therapeutic Goods Act 1989, ss 18A, 19, 19A, 19B(4A) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Bainbridge [2018] NSWCATOD 169 Health Care Complaints Commission v Daniel [2022] NSWCATOD 104 Lucire v Health Care Complaints Commission (2011) NSWCA 99 R v Byrnes [1995] HCA 1; (1995) 183 CLR 501 Re A Medical Practitioner and the Medical Practice Act (unreported, NSWMT, 3 September 2007) Parker v Comptroller-General of Customs [2009] HCA 7 Texts Cited: Guidelines for Dispensing of Medicines December 2015 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Mualla Kadriye Akinci (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) In Person (Respondent) File Number(s): 2023/00165253 Publication restriction: It is noted that: