Health Care Complaints Commission v Nguyen [2014] NSWCATOD 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Nguyen [2014] NSWCATOD 123 Hearing dates: 30 June 2014; 1 & 2 July 2014 Decision date: 28 October 2014 Jurisdiction: Occupational Division Before: P Dwyer, Principal Member E Frost, Professional Member D Preswick, Professional Member C Berglund, Lay Member Decision: 1. The Respondent Practitioner's registration is cancelled, on and from the date of this decision; 2. An application for review of the Order of cancellation of the Practitioner's registration under Division 8 of the National Law, may not be made until after the expiration of a two (2) year period commencing on and from the date of this decision; 3. The Pharmacy Council of New South Wales is the Appropriate Review Body for the purpose of any review under Division 8 of the National Law. 4. The Respondent Practitioner is to pay the Complainant Commission's costs as agreed; or if agreement cannot be reached, either party may have the matter re-listed for assessment by the Tribunal. 5. A Non-publication Order is made under section 64 (1) Civil & Administrative Tribunal Act NSW in respect of the names of all persons identified as patients. Catchwords: Pharmacist-Unsatisfactory Professional Conduct -Professional Misconduct-Health Practitioner Regulation National Law (NSW)- supply Scheduled medications contrary to NSW Poisons & Therapeutic Goods Act 1966; Poisons & Therapeutic Goods Regulation 2008-Fail record details of supply; Restricted Substances: Pseudoephedrine-based medications; Prescribed Restricted Substances: Anabolic Androgenic Steroids; both medications known to be misused and abused. Legislation Cited: Health Practitioner Regulation National Law (NSW); Poisons & Therapeutic Goods Act 1966 (NSW); Poisons & Therapeutic Goods Regulation (NSW) 2008; Poisons Act 1966 (NSW) (Repealed); Health Care Complaints Act 1993 (NSW); Civil & Administrative Tribunal Act 2013 (NSW); Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; Kalil v Bray ([1977]) 1 NSWLR 256; Pillai v Messiter [No. 2] (1989) 16 NSWLR 197; Regina v McGrath ([1971]) 2 NSWLR 181; HCCC v Sayegh [2011] NSWPHT 1; HCCC v Larden [2009] NSWPHT 1; Law Society v Foreman 34 NSWLR 408; Dawson v Law Society of New South Wales [1989] NSWCA 58; Wentworth v NSW Bar Association [1992] 176 CLR 239; Prakash v HCCC [2006] NSWCA 153; Clyne v NSW Bar Association [1960] HCA 40; Ex Parte Tziniolis; Re Medical Practitioners Act (1966) 67 SR (NSW) 448; HCCC v Litchfield [1997] NSWSC 297; 41 NSWLR 630; HCCC v Karalasingham [2007] NSWCA 267; HCCC v Phillipiah [2013] NSWCA 342; Category: Principal judgment Parties: Health Care Complaints Commission (Complainant); Tan Nguyen (Respondent) Representation: A Petrie (Complainant) M Richmond, Health Care Complaints (Complainant) T Nguyen (Respondent in person) File Number(s): 1420018 Publication restriction: Non-publication Order made under section 64 (1) Civil & Administrative Tribunal Act NSW in respect of the names of all persons identified as patients.