Health Care Complaints Commission v Chan [2024] NSWCATOD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chan [2024] NSWCATOD 138 Hearing dates: 04 July 2024 (last submission received 18 July 2024) Date of orders: 03 September 2024 Decision date: 03 September 2024 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member M Cross, Senior Member K Carter, Senior Member B Seth, General Member Decision: 1. Under s 149C(1)(c) of the Health Practitioner Regulation National Law (NSW) the registration of the Respondent is cancelled. 2. Under s 149C(7) of the Health Practitioner Regulation National Law (NSW) a non-review period of 9 months is imposed. 3. The Respondent is guilty of professional misconduct and under s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW) is reprimanded. 4. The application for a prohibition order under s 149C(5) of the Health Practitioner Regulation National Law (NSW) is dismissed. 5. Under clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW), the Respondent is to pay the Applicant's costs as agreed or, failing agreement, as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH – Pharmacist - fraudulent PBS claims – Criminal Convictions - Unsatisfactory Professional Conduct - Professional Misconduct - Protective Orders - Refusal to make a Prohibition Order Legislation Cited: Health Practitioner Regulation National Law (NSW) National Health Act 1953 (Cth) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Do, [2014] NSWCA 307 Health Care Complaints Commission v FLJ [2023] NSWCATOD 7 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Karunaratne (No 2) [2018] NSWCATOD 201 Health Care Complaints Commission v Litchfield [1997] NSWSC 207; (1997) 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Sharah [2015] NSWCATOD 99 Lee v Health Care Complaints Commission [2012] NSWCA 80 Pharmacy Council v Ibrahim [2020] NSWSC 708 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Vito Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Felix Yue Sing Chan (Respondent) Representation: Counsel: G Marsden (Applicant) A Faro (Respondent)