Health Care Complaints Commission v Contractor [2015] NSWCATOD 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Contractor [2015] NSWCATOD 126 Hearing dates: 12 - 15 October 2015 Decision date: 10 November 2015 Jurisdiction: Occupational Division Before: O Shub, Principal Member E Frost, Professional Member J Zwart, Professional Member B Higgins, Lay Member Decision: The Tribunal finds the Respondent guilty of Professional Misconduct pursuant to section 139E of the National Law and made the following orders:

(a) The Respondent's registration is cancelled for a period of two years.

(b) The Respondent is not permitted to seek a review of the order for cancellation for a period of two years.

(c) The Respondent pays the Commission's costs. Catchwords: Pharmacist, Unsatisfactory Professional Conduct, Professional Misconduct, Dispensing Private Prescriptions as PBS Prescriptions, Stealing money from employer, Dispensing Schedule 8 drugs without valid prescriptions, dispensing Schedule 8 drugs without checking prescriptions and authenticity. Legislation Cited: Health Practitioner Regulation National Law, NSW Poisons and Therapeutic Goods Regulation Cases Cited: Sudath v HCCC [2012] NSWCA 171 Lindsay v HCCC [2010] NSWCA Briginshaw v Briginshaw [1938] HCA 34; (1938) CLR 336 HCCC v Ng [2012] NSWPHT 1 HCCC v Karalasingham [2007] NSWCA 267 per Basten JA Chowdery [2010] NSWMT 13 Medical Tribunal HCCC v Litchfield (1997) 41 NSLR 630 Qidwai v Brown (1984) 1 NSLR 100 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 HCCC v Randall Kelly Mott [2012] NSWMT 9 HCCC v Lau [2011] NSWPHT 2 NG [2010] NSWPHT 2 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Clyne v New South Wales Bar Association (1960) 104 CLR 186 HCCC v Dr Della Bruna [2014] NSWCATOD 31 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Lee v Health Care Complaints Commission [2012] NSWCA 80 Director General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523 Health Care Complaints Commission v Gordony-Novak [2011] NSWMT 3 Ex Parte Lenehan [1948] HCA 45 (1948) 77 CLR 403 The Prothonotary of the Supreme Court of New South Wales v Richard (Court of Appeal, 31 July 1987 unreported) Health Care Complaints Commission v King [2013] NSWMT 9 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Neville Soli Contractor (Respondent) Representation: Counsel: P Dwyer (Applicant)