Health Care Complaints Commission v Sedrak [2014] NSWCATOD 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sedrak [2014] NSWCATOD 114 Hearing dates: 24, 25, 26, 27 June 2014 last written submissions 18th September 2014 Decision date: 15 October 2014 Jurisdiction: Occupational Division Before: M Joseph SC (Principal Member) E Anderson (Professional Member) A Reynolds (Professional Member) D Anderson (Lay Member) Decision: Complaints of unsatisfactory professional conduct and professional misconduct proven. Catchwords: Dispensing without retaining prescription, failing to record returned drugs, supplying by retail therapeutic goods, dispensing without a lawful prescription, failing to report theft from pharmacy, dispensing drugs in excessive quantities and for excessive periods, dispensing drugs knowing prescriber not appropriately qualified, dispensing drugs without lawful scripts and knowing prescriber did not have authority to so prescribe, failure to respond to statutory notice ; held proven unsatisfactory professional conduct and professional misconduct. Legislation Cited: Civil and Administrative Act 2013 (NSW) s7;s38(2); cl 3 and cl17(3) of Schedule 1; Health Practitioner Regulation Law (NSW) 2009 S139B; S139E;s165H Poisons and Therapeutics Goods Act 1966 (NSW) S36A; Poisons and Therapeutics Goods Regulation 2008; cl 35; cl39; cl 41(1); cl 42(2); cl 54; cl 67; cl 112;cl 89; cl 146(2); Health Care Complaints Act 1993 (NSW) s34A; Therapeutic Goods Act 1989 (Cth) Cases Cited: Ayscough v Sedrak [2007] NSWPB 4 Briginshaw v Briginshaw [1938] HCA 34;(1938) 60 CLR 336 Browne v Dunn (1893) 6 R 67 Gianoutsos v Glykis [2006] NSWCCA 137; 65 NSWLR 547-9 Health Care Complaints Commission v Fraser [2014] NSWCATOD 29 Jones v Dunkel [1959]101 CLR 298; Jones v National Coal Board ]1957] EWA Civ 3; [1957] 2 QB 55 Kuhl v Zurich Financial Services Australia [2011] HCA 11; 243 CLR 361 Polgaze v Veterinary Practitioners Board of NSW [2009] NSWSC 347 Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141 In re Dr Gregory Wilcox and the Medical Practice Act [2007] unreported 26 April 2007 Medical Tribunal of NSW Veterinary Surgeons Investigating Committee v Thompson [2007] NSWAT 107 Texts Cited: "Code of Conduct for registered health practitioners"; "Guidelines for dispensing of Medicines"; "Guidelines on practice-specific issues" issued by Pharmacy Board of Australia "Dispensary Computers in NSW 2001" issued by Pharmacy Board of NSW; MIMS Prescribing Information Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Maged Sedrak (Respondent) Representation: W Hunt (Complainant) P Griffin (Respondent) K Mobbs (Complainant) Cambridge Law (Respondent) File Number(s): 1420020 Publication restriction: Non Publication Orders Apply Pursuant to Schedule 5D clause 7 of the Health Practitioner Regulation National Law (NSW), publication or disclosure of the name, address or any evidence or information which might tend to or lead to the identification of the names of patients of Dr Wilcox identified in these proceedings is prohibited.