Bui v Health Care Complaints Commission [2024] NSWCATOD 110

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bui v Health Care Complaints Commission [2024] NSWCATOD 110 Hearing dates: 26 March 2024 Date of orders: 30 July 2024 Decision date: 30 July 2024 Jurisdiction: Occupational Division Before: A Starke, Senior Member A Bennett, Senior Member B Scott, Senior Member J Sillince, General Member Decision: (1) The Tribunal makes a reinstatement order under section 163B(1)(c) of the Health Practitioner Regulation National Law in respect of the practitioner. (2) Pursuant to s 163B(4) of the Health Practitioner Regulation National Law, the following conditions are imposed on the practitioner's registration: (a) The practitioner must not work as a pharmacist in charge for a minimum period of 12 months. (b) The practitioner must not work as the sole pharmacist on duty for a minimum period of 12 months. (c) The practitioner must not be the proprietor of a pharmacy for a minimum period of 12 months. (d) Within 21 days of the notice of imposition of these conditions, the practitioner must provide to AHPRA, on the approved form (HP7), acknowledgement that AHPRA may: (i) seek reports from the Senior Practice Manager/Senior Manager/Senior Partner/proprietor/owner/partner in ownership pharmacist/other as appropriate (the senior person) at each place of practice on at least a quarterly basis or as otherwise required; (ii) request and access from the senior person at each place of practice copies of rosters, pay slips, or the equivalent. (e) Within 21 days of employment at any pharmacy where the practitioner is employed as a pharmacist or is contracted to provide services as a pharmacist, the practitioner must provide to AHPRA acknowledgment from the senior person at each place of practice: (i) on the approved form (HPS7) that they are aware AHPRA will seek reports from them; (ii) that they have sighted a copy of the decision of the Tribunal which cancelled the practitioner's registration (Health Care Complaints Commission v Bui (No.2) [2022] NSWATOD 45 and a copy of these Reasons for Decision which impose these conditions. (f) All costs associated with compliance with the conditions on his registration are at the practitioner's own expense. (g) Conditions a-f above are to be reviewed 12 months following the date of imposition. (3) The applicant is to pay the costs of the respondent as agreed or assessed. Catchwords: OCCUPATIONS – Pharmacist – Application for reinstatement Legislation Cited: Casino Control Act 1992 Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Pharmacy Business Ownership Act 2001 (QLD) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Ake v Health Care Complaints Commission [2019] NSWCATOD 165 Bahramy v Medical Council of NSW Blair v HCCC [2023] NSWCATOD 35 Briginshaw v Briginshaw (1938) 60 CLR 336 Dawson v Law Society of NSW [1989] NSWCA 58 Donnelly v Health Care Complaints Commission [2014] NSWCATOD 155 Ex parte Tziniolios; Re Medical Practitioners Act (1966) 67 SR NSW) 448 Frayar v Health Care Complaints Commission [2015] NSWCATOD 117 Health Care Complaints Commission v Bui [2021] NSWCATOD 77 Health Care Complaints Commission v Bui (No 2) [2022] NSWCATOD 45 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Nguyen [2019] NSWCATOD 166 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Jan v Health Care Complaints Commission [2021] NSWSC 350 Mnyandu v Health Care Complaints Commission [2015] NSWCATOD 43 Mooney v Medical Council of NSW [2024] NSWCATOD 24 Ng v Health Care Complaints Commission [2018] NSWCATOD 105 Qasim v Medical Council of New South Wales [2021] NSWCA 173 Re Mansoor Haider Zaidi [2006] NSWMT 6 Roberts v Health Care Complaints Commission [2015] NSWCATOD 35 Ristevski v Medical Council of NSW [2016] NSWCATID 18 Scully v Health Care Complaints Commission [2013] NSWMT 7 Zaidi v Health Care Complaints Commission 1998] 44 NSWLR 82 Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Texts Cited: Nil Category: Principal judgment Parties: Qui Van Bui (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: A Kelly (Respondent)