Health Care Complaints Commission v Kennedy [2017] NSWCATOD 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Kennedy [2017] NSWCATOD 72 Hearing dates: 6, 7 and 8 December 2016; 15 February 2017 (final submissions) Date of orders: 16 May 2017 Decision date: 16 May 2017 Jurisdiction: Occupational Division Before: A Britton, Principal Member M Cross, Professional Member T Flaherty, Professional Member A Carpentieri, General Member Decision: (1) Adam Kennedy ("the practitioner") is reprimanded.

(2) The following conditions are imposed on the practitioner's registration:

(a) Not to work in a pharmacy as the Pharmacist in Charge and not to seek review of this condition within 24 months of the date of the Tribunal's decision.

(b) Not to be the proprietor of any pharmacy and not to seek review of this condition within 24 months of the date of the Tribunal's decision.

(c) Must notify his employer(s) and Pharmacist in Charge at any pharmacy at which he is employed of the conditions imposed. Within five days of commencing new employment the Pharmacist must provide to the Council a statement signed by his current employer, which states that that they been provided with a copy of the conditions.

(d) The practitioner must accept a mentor approved by the Pharmacy Council of NSW, to advise and assist the practitioner in the management of his pharmacy practice, focusing on legislative compliance with obligations pursuant to the Poisons and Therapeutic Goods Act (PTG Act) and the Poisons and Therapeutic Goods Regulation 2008 (PTG Regulation).