Health Care Complaints Commission v Tanios [2017] NSWCATOD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Tanios [2017] NSWCATOD 94 Hearing dates: 27-29 March 2017 Date of orders: 20 June 2017 Decision date: 20 June 2017 Jurisdiction: Occupational Division Before: D COWDROY, ADCJ (Principal Member) D Preswick (Professional Member) K Carter (Professional Member) E Collier (Lay Member) Decision: (1) the practitioner's registration as a pharmacist is cancelled pursuant to s.149C(1)(b) of the Health Practitioner Regulation National Law (NSW).

(2) the practitioner may not apply to be re-registered as a pharmacist for a period of 12 months pursuant to s.149C(7) of the Health Practitioner Regulation National Law (NSW).

(3) the practitioner may not perform any work as a pharmacy assistant or in any capacity where she is required to handle Schedule 4D or Schedule 8 drugs during the period of the cancellation;

(4) the practitioner is to pay the costs of the complainant, unless, within 14 days of the publication of this decision an application is made by either party for a different order.

(5) the publication of the identity of the persons for whom drugs were prescribed by the practitioner be prohibited pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 No 2 (NSW). Catchwords: Professional Misconduct - Registered Pharmacist prescribing drugs without prescription - prescribing drugs for herself - prescribing in false names and recording false authority Legislation Cited: Civil and Administrative Tribunal Act 2013 No 2 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Briginshaw v Briginshaw (1938) 60 CLR 336 Clyne v New South Wales Bar Association [1960] HCA 40 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Health Care Complaints Commission v Do [2014) NSWCA 307 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Law Society of New South Wales v Foreman (No 2) (1994) 34 NSWLR 408 Law Society of New South Wales v Walsh [1997] NSWCA 185 Lee v HCCC [2012] NSWCA 80 Prakash v HCCC [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Spicer v New South Wales Medical Board and Ors (unreported) NSW Court of Appeal, 19/02/91) Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Marianne Tanios (Respondent) Representation: Counsel: A Petrie (Complainant) A Cornish (Respondent)