Health Care Complaints Commission v Chau [2015] NSWCATOD 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chau [2015] NSWCATOD 25 Hearing dates: 9,10,11 March 2015 Decision date: 07 April 2015 Jurisdiction: Occupational Division Before: O Shub, Principal Member R Benda, Professional Member M Duguid, Professional Member M Barnett, Lay Member Decision: 1. For a period of two years the Respondent shall make himself available on a quarterly basis to attend mentoring sessions with Ms Zwart or such other person appointed by the pharmacy council.

2. That the mentor appointed report on a quarterly basis to the pharmacy council on the progress being made by the Respondent and that the mentor provide advice to the pharmacy council at the end of the first 12 month period as to whether the mentoring sessions should continue for a further 12 months.

3. That the Respondent pay the costs associated with the mentoring program.

4. That the Respondent pay the costs of the complaint brought by the Complainant to the Tribunal. Catchwords: Pharmacist – Unprofessional Conduct, Professional Misconduct, Pseudoephedrine, Anabolic Steroids, Testosterone, Nandrolone, Non-Therapeutic Purposes, Mentoring Programme Legislation Cited: Healthcare Complaints Act 1993, Sections 39(2) and 90B(3)

Health Practitioner Regulation National Law (The National Law), Sections 145A, 139E, 139B(1)(a), 139(B)(1), 139D(1)(B)

Poisons and Therapeutic Goods Regulation 2008, Sections 23, 24, 54, 76

Poisons and Therapeutic Goods Act 1966, Section 10, Section 35 Cases Cited: HCCC v Do 2014 NSWCA 307 HCCC v Nguyen 2014 NSWCATOD 123 Briginshaw vs Briginshaw (1938) 60CLR 336 Lyne vs New South Wales Bar Association (1960) HCA 40 Prakash vs HCCC (2006) NSWCA 153 HCCCC vs LAU (2011) NSWPHT2 Skelin [2002] NSWPB 4 HCCC vs Sekrak [2014] NSWCATOD 114 NG [2010] NSW PHT 2 HCCC vs Philipiah (2013 NSWCA 342 HCCC vs Litchfield (1997) NSWSC 297 HCCC vs Landen (2009) NSWPHT 1 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant)