Health Care Complaints Commission v Spruce [2015] NSWCATOD 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Spruce [2015] NSWCATOD 89 Hearing dates: 27, 28 May 2015 Decision date: 26 August 2015 Jurisdiction: Occupational Division Before: A Britton, Principal Member J Ludington, Occasional Member B Radcliffe, Occasional Member M Cross, Occasional Member Decision: 1. Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW) (the National Law) the Tribunal decides that if Mr Spruce were still registered it would have cancelled his registration.

2. Pursuant to s 149C(4)(b) of the National Law the Tribunal decides Mr Spruce is disqualified from being registered as a pharmacist for a period of 18 months from the date of this decision.

3. Pursuant to s 149C(4)(c) of the National Law the Tribunal requires the National Board with which Mr Spruce was registered to record the fact that the Tribunal would have cancelled Mr Spruce's registration for a period of 18 months from the date of these orders.

4. The Commission is to file and serve submissions on the question of costs within 14 days of the date of this decision.

5. Mr Spruce is to file and serve any submissions in reply within 14 days of receipt of the Commission's submissions. Catchwords: ADMINISTRATIVE LAW — Civil and Administrative Tribunal (NSW) — health practitioner — whether practitioner guilty of unsatisfactory professional conduct — whether practitioner guilty of professional misconduct — whether practitioner suffers an impairment — whether practitioner is competent to practice — appropriate disciplinary orders where finding made that unregistered practitioner is not competent to practice and is guilty of professional misconduct Legislation Cited: Crimes Act 1900 (NSW) Health Practitioner Regulation National Law (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Director General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Hatfield v Health Insurance Commission (1987) 15 FCR 487 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 King v Health Care Complaints Commission [2011] NSWCA 353 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Sudath v Health Care Complaints Commission [2012] NSWSC 171 Travelex Ltd v Federal Commissioner of Taxation [2010] HCA 33; (2010) 241 CLR 510 Texts Cited: DC Pearce and RS Geddes, Statutory Interpretation in Australia, 8th ed, LexisNexis, 2014 Category: Principal judgment Parties: Health Care Complaints Commission (Appellant) David Spruce (Respondent) Representation: Counsel: V A Hartstein (Applicant) D D'Souza (Respondent)