Kollias v Pharmacy Council of New South Wales [2024] NSWCATOD 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kollias v Pharmacy Council of New South Wales [2024] NSWCATOD 152 Hearing dates: 4 and 5 June 2026 Date of orders: 19 September 2024 Decision date: 19 September 2024 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member P Mcasey, Senior Member P Sinclair AM, Senior Member M Maher, General Member Decision: (1) The appeal is allowed. (2) The decision of the Pharmacy Council of NSW of 16 February 2024 set aside. (3) In lieu thereof the Tribunal orders that the conditions set out in Attachment A be placed on the appellant's registration. (4) Any party seeking costs is to file and serve submissions (and if necessary evidence), limited to 5 pages, within 14 days. The other party may respond within a further 14 days, and the costs applicant may reply within a further 7 days. Catchwords: OCCUPATIONS – pharmacists – suspension of registration under s 150 of the Health Practitioner Regulation National Law – external appeal under s 159 – nature of external appeal – appeal allowed – appropriate conditions on registration Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 150, 159, 159C Poisons and Therapeutic Goods Act 1966 (NSW), s 18AA Poisons and Therapeutic Goods Regulation 2008 (NSW), cll 80, 175(1) Cases Cited: Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Karimi v Medical Council of New South Wales [2017] NSWCATOD 180 Kirby v Dental Council of New South Wales [2018] NSWSC 1869 Knowles v Medical Council of NSW [2019] NSWCATOD 46 Kollias v Pharmacy Council of New South Wales [2024] NSWCATOD 49 Lee v Health Care Complaints Commission [2012] NSWCA 80 Liu v Chinese Medicine Council of NSW [2019] NSWCATOD 13 Medical Council of New South Wales v Lee [2017] NSWCA 282 Medical Council of New South Wales v Smithson [2021] NSWCA 53 Pharmacy Council of NSW v lbrahim [2020] NSWSC 708 Steel v Medical Council of NSW [2020] NSWCATOD 77 Category: Principal judgment Parties: John Kollias (Appellant) Pharmacy Council of New South Wales (Respondent) Representation: Counsel: M Hutchings (Appellant) A Petrie (Respondent)