Health Care Complaints Commission v Attia [2016] NSWCATOD 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Attia [2016] NSWCATOD 167 Hearing dates: 25, 26, 27 July 2016 Decision date: 23 December 2016 Jurisdiction: Occupational Division Before: A Britton, Principal Member E Anderson, Professional member M Cross, Professional member D Ball, General member Decision: (1) The respondent's registration as a pharmacist is cancelled under s 149C(1)(b) of the National Law.

(2) Pursuant to s 149C(7) of the National Law, the respondent must not apply for review of Order 1, within 12 months from the date of this decision.

(3) The respondent must pay the Commission's costs of the proceedings, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW — Civil and Administrative Tribunal (NSW) — health practitioner — whether practitioner guilty of unsatisfactory professional conduct — whether practitioner guilty of professional misconduct — appropriate disciplinary orders where finding made that practitioner is guilty of professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 HCCC v Jamieson [2014] NSWCATOD 56 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Lee v Health Care Complaints Commission [2012] NSWCA 80 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant ) Mina Attia (Respondent) Representation: Counsel: L Fernandez (Applicant) S Barnes (Respondent)