Health Care Complaints Commission v Salloum [2025] NSWCATOD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Salloum [2025] NSWCATOD 16 Hearing dates: 28 – 29 October 2024 Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Occupational Division Before: A Starke, Senior Member A Lee, Professional Member K Carter, Professional Member M Maher, General Member Decision: (1) Pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW), the respondent's registration as a health practitioner is cancelled, with a non-review period of one year. (2) Pursuant to clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW), the respondent is to pay the Commission's costs as agreed or assessed in accordance with the applicable costs legislation. Catchwords: OCCUPATION – Pharmacy – Application for disciplinary findings and orders where practitioner found guilty of unsatisfactory professional conduct within the meaning of s 139B(1)(a) of the Health Practitioner Regulation National Law (NSW) in that the practitioner's practice fell significantly below the standard expected of a practitioner of an equivalent level of training or experience – practitioner found guilty of professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW) in that the practitioner engaged in unsatisfactory professional conduct of a sufficiently serious nature to justify suspension or cancellation of the practitioner's registration and engaged in more than one instance of unsatisfactory professional conduct of a sufficiently serious nature to justify cancellation of the practitioner's registration. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v NSW Bar Association (1960) 104 CLR 186 Director General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 Ex parte Tziniolis; Re Medical Practitioners Act (1966) 67 SR (NSW) 448 Gad v Health Care Complaints Commission [2002] NSWCA 411 Gautam v Health Care Complaints Commission [2021] NSWCA 85 HCCC v Brush (No. 2) [2015] NSWCATOD 154 HCCC v CSM [2016] NSWCATOD 125 Health Care Complaints Commission v Ahmad [2015] NSWCATOD 103 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Elliott [2018] NSWCATOD 47 Health Care Complaints Commission v Elshaimy [2019] NSWCATOD 17 Health Care Complaints Commission v Fearon [2018] NSWCATOD 26 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Health Care Complaints Commission v Sadek [2017] NSWCATOD 181 Health Care Complaints Commission v Sadek (No 2) [2018] NSWCATOD 90 Lee v Health Care Complaints Commission [2012] NSWCA 80 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Shelley v Nurses & Midwives Tribunal of NSW & Anor [2007] NSWSC 1240 Texts Cited: Pharmacy Board of Australia, Guidelines for dispensing of medicines (issued September 2015). Pharmacy Board of Australia, Guidelines for proprietor pharmacists (issued September 2015). NSW Department of Health, Guide to Poisons and Therapeutic Goods Legislation for Pharmacists (TG79/32) (issued June 2015). Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Amine Abi Salloum (Respondent) Representation: Counsel: E Bayley (Health Care Complaints Commission) (Applicant) S Maybury (Respondent)