Health Care Complaints Commission v Ngo [2015] NSWCATOD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ngo [2015] NSWCATOD 143 Hearing dates: 3 - 5 August 2015 and by written submissions received 26 August, 11 September and 18 September 2015 Date of orders: 15 December 2015 Decision date: 15 December 2015 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member J Zwart, Professional Member D North, Professional Member D Jackett, Lay Member Decision: 1. That the Respondent Practitioner be reprimanded.

2. Pursuant to s.149 of the Health Practitioner Regulation National Law (NSW) the Respondent shall within 12 months of the date of this decision undertake the "Ethics and Dispensing in Pharmacy Practice" course offered by the Pharmaceutical Society of Australia and provide evidence in writing to the Pharmacy Council of NSW of his successful completion of the course.

3. If the course specified in Order 2 is unavailable then the Respondent is to complete an equivalent course as approved by the Pharmacy Council of NSW.

4. All costs associated with undertaking this course to be met by the Respondent.

5. The Respondent is to pay the Applicant's costs.

6. An order pursuant to s.64 of the Civil and Administrative Tribunal Act 2013 prohibiting the disclosure of the names of the patients appearing in the amended Schedule to the Complaint of Patients A to BP. Catchwords: Pharmacist - Unprofessional Conduct, Professional Misconduct, Oxycontin, Fraudulent Scripts Legislation Cited: Health Practitioner Regulation National Law 2009 (NSW) ("the National Law") Poisons and Therapeutic Goods Regulation 2008 (PTGR) New South Wales Poisons and Therapeutic Goods Act 1966. Cases Cited: Lee v HCCC [2012] NSWCA 80 HCCC v Saedlounia [2013] NSWMT 13 at [43]-[50] Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mr Steven Ngo (Respondent) Representation: Counsel: W Hunt (Applicant) G Farmer SC (Respondent)