Health Care Complaints Commission v Orr [2015] NSWCATOD 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Orr [2015] NSWCATOD 124 Hearing dates: 6 October 2015 Decision date: 30 October 2015 Jurisdiction: Occupational Division Before: J Millbank, Senior Member E Frost, Professional Member R Samimi, Professional Member P French, Lay Member Decision: (1) Pursuant to s 149C(4) of the National Law, the Tribunal declares that the practitioner's registration as a Pharmacist on the National Register of Health Practitioners maintained by the Australian Health Practitioner Regulation Agency would have been cancelled from the date of this order if he had been currently registered. (2) Pursuant to s 149C(7) the practitioner may not make an application to the Tribunal under Division 8 to return to the register until at least 3 years from the date of this order. (3) The practitioner is prohibited, pursuant to s149C(5A), from providing any "health services" as defined by s 5 of the National law, until such time as a reinstatement order is made. (4) A non publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the publication of the names of patients A-F in the amended schedule to the complaint, and any other patient named in the course of proceedings. (5) Costs in favour of the Commission pursuant to cl 13(1) of Sch 5D of the National Law as agreed or assessed. Catchwords: Pharmacy; substance abuse; misappropriation of Sch 8 drugs; falsification of drug register; impairment; failure of notification. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 64; Drug Misuse and Trafficking Act 1985 (NSW) s 12; Health Practitioner Regulation National Law 2009 (NSW) ('The National Law') s 109; s 139B; s 139E; s 140; s 141; s 149C(4), (5A), (7) Poisons and Therapeutic Goods Regulation 2008 (NSW) cl 112; cl 118 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; Lucire v HCCC [2011] NSWCA 182; Reimers v Health Care Complaints Commission [2012] NSWCA 317; HCCC v Perroux [2011] NSWDC 99; HCCC v Litchfield (1997) 41 NSWLR 630; Prakash v HCCC [2006] NSWCA 153; HCCC v Lau [2011] NSWPHT 2; Sabag v HCCC [2001] NSWCA 411; Stanoevski v Law Society of New South Wales [2008] NSWCA 93; HCCC v Jamieson [2014] NSWCATOD 56; HCCC v Della Bruna [2014] NSWCATOD 31; Ex Parte Tziniolis (1966) 67 SR (NSW) 448; Reimers v Medical Council of New South Wales [2015] NSWCATOD 38; Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320; Hocking v Medical Board of Australia & Anor [2014] ACTSC 48; HCCC v Philipiah [2013] NSWCA 342. Texts Cited: AHPRA, 'Guidelines for mandatory notifications' (2014); Pharmacy Board of Australia, 'Code of Conduct' (2014); Goiran, Kay, Nash and Haysom, 'Mandatory Reporting of Health Professionals: The case for a Western Australian Style Exemption for all Australian Practitioners' (2014) 22 Journal of Law and Medicine 209; Parker, 'Embracing the New Professionalism: Self-Regulation, Mandatory Reporting and Their Discontent' (2011) 18 Journal of Law and Medicine 456. Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Nicholas James Orr (Respondent) Representation: Counsel: A Petrie (Applicant) No Appearance (Respondent)