Health Care Complaints Commission v Murtagh [2024] NSWCATOD 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Murtagh [2024] NSWCATOD 127 Hearing dates: 20 May 2024 Date of orders: 19 August 2024 Decision date: 19 August 2024 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member E Anderson, Senior Member T Melocco, Senior Member B Seth, General Member Decision: (1) Under s 149C (4)(a) of the Health Practitioner Regulation National Law (NSW), if Ms Murtagh were still registered the Tribunal would have cancelled her registration. (2) Under s 149C (4)(b) of the Health Practitioner Regulation National Law (NSW), Ms Murtagh is disqualified from being registered for two years from the date of this decision. (3) Under s 149C(4)(c) of the Health Practitioner Regulation National Law (NSW), the National Board is required to record the fact that if Ms Murtagh were still registered, the Tribunal would have cancelled her registration in the National Register kept by the Board. (4) Ms Murtagh is to pay the costs of the Health Care Complaints Commission as agreed or assessed. Catchwords: HEALTH – Pharmacist - misappropriation of medication from a hospital – mislead a regulatory authority - Unsatisfactory Professional Conduct - Professional Misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Chowdhury [2015] NSWCATOD 65 Health Care Complaints Commission v Do, [2014] NSWCA 307 Health Care Complaints Commission v Litchfield [1997] NSWSC 207 (1997); 41 NSWLR 630 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 R v Byrnes & Hopwood [1995] HCA 1, 183 CLR 501 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Susan Murtagh (Respondent) Representation: Counsel: G Marsden (Applicant)