Health Care Complaints Commission v Ahmad [2015] NSWCATOD 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ahmad [2015] NSWCATOD 103 Hearing dates: 31 August, 1, 2, 3, 4 September 2015 Date of orders: 29 September 2015 Decision date: 29 September 2015 Jurisdiction: Occupational Division Before: J Millbank, Presiding Member E Frost, Pharmacy Member R Benda, Pharmacy Member J Klause, Lay Member Decision: 1. The practitioner, Tareq Ahmad, is reprimanded under s 149A(1)(a) of the National Law; 2. The practitioner's registration as a Pharmacist on the National Register of Health Practitioners maintained by the Australian Health Practitioner Regulation Agency is cancelled from the date of this order pursuant to s149C(1)(b); 3. Pursuant to s 149C(7) the practitioner may not make an application under Division 8 to return to the register until at least 2 years from the date of this order; 4. The practitioner is prohibited, pursuant to s149C(5)(a), from providing any pharmaceutical services (including as a pharmacy assistant or dispensary assistant) until such time as he is re-registered as a pharmacist; 5. A non publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the publication of the names of the Patients A, C-H in the amended schedule to the complaint, and any other patient named in the course of proceedings; 6. A certificate is granted under s 128(3)(b) of the Evidence Act 1995 (NSW) providing that the evidence of Mr Ahmad in this proceeding cannot be used against him in other proceedings; 7. Costs in favour of the Commission pursuant to cl 13(1) of Sch 5D of the National law as agreed or assessed. Catchwords: Pharmacy; false dispensing entries; false drug register entries; fabrication of prescriber and patient identities; failure to keep prescriptions; supply of Sch 4, Sch 4D and Sch 8 medications without prescriptions; failure to enter supply in drug register of Sch 8 medications; failure to enter correctly enter receipt of Sch 8 medications in drug register; failure to notify Director-General of loss of Sch 4 and Sch 8 substances; failure to keep key to Sch 8 drugs safe on his person. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ('CAT') s 64; Evidence Act 1995 (NSW) s 128; Health Practitioner Regulation National Law 2009 (NSW) ('The National Law') s 139B; s 139D(1)(d); s 139E; s 149C(5); Sch 5F, cl 11 (1); Poisons and Therapeutic Goods Act 1966 (NSW); Poisons and Therapeutic Goods Regulation 2008 (NSW) ('PTGR') cl 39; cl 67; cl 76; cl 85; cl 86; cl 89; cl 112; cl 177(1); cl 124. Cases Cited: Briginshaw v Briginshaw [1938] HCA 34, (1983) 60 CLR 336; Gianoutsos v Glykis [2006] NSWCCA 137, (2006) 65 NSWLR 539; In re Sood [2006] NSWMT 1; Polglaze v Veterinary Practitioners Board of NSW [2009] NSWSC 347; HCCC v Fraser [2014] NSWCATOD 29; HCCC v Do [2014] NSWCA 307; Stanoevski v Law Society of New South Wales [2008] NSWCA 93; HCCC v Jamieson [2014] NSWCATOD 56; HCCC v Della Bruna [2014] NSWCATOD 31; Pillai v Messiter (No 2) (1989) 16 NSWLR 197; HCCC v Perroux [2011] NSWDC 99; HCCC v Litchfield (1997) 41 NSWLR 630; Sabag v HCCC [2001] NSWCA 411; Lucire v HCCC [2011] NSWCA 182; Spicer v NSW Medical Council unreported CA No 3 of 1981 (19 February 1981). Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Tareq Ahmad (Respondent) Representation: Counsel: Mr Hunt (Respondent)