HCCC v Sadek [2017] NSWCATOD 181

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HCCC v Sadek [2017] NSWCATOD 181 Hearing dates: 30, 31 October, 1 November 2017 Date of orders: 20 December 2017 Decision date: 20 December 2017 Jurisdiction: Occupational Division Before: J Millbank, Senior Member K Carter, Senior Member M Cross, Senior Member J Griffin, General Member Decision: (1) A finding that Complaints 1-7 of unsatisfactory professional conduct are made out to the required standard; (2) A finding that Complaint 3 alone, and the other complaints cumulatively, amount to professional misconduct per Complaint 8; (3) A non publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting disclosure or publication of the names of the patients and medical practitioners in the schedule to the complaint, and any other patients named in evidence; (4) An order that the matter proceed to Stage 2 determination, with directions to the parties to communicate with the registry to set a hearing date. Catchwords: Pharmacy – multiple improprieties in recording and dispensing of Schedule 8 medications – failure to report unaccounted for Schedule 8 medication – failure to report suspect and tampered Schedule 8 scripts – dispensing very large quantities of high strength OxyContin with no directions for use – dispensing very large quantities of high strength OxyContin to person who was not the script holder and not authorised by patients to collect on their behalf Legislation Cited: Health Practitioner Regulation National Law NSW 2009 (NSW) ('The National Law') ss 139B; 139E Civil and Administrative Tribunal Act 2013 (NSW) s 64 Poisons and Therapeutic Goods Act 1966 (NSW) s 8; Poisons and Therapeutic Goods Regulation 2008 (NSW) cl 39; 85; 112; 113; 118; 124; 128P; 117 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; HCCC v BXD (No 1) [2015] NSWCATOD 134; HCCC v Fisher [2016] NSWCATOD 62; HCCC v Flekser [2016] NSWCATOD 1; HCCC v Fraser [2014] NSWCATOD 29; HCCC v Phung (No 1) [2012] 1 NSWDT 3; Litchfield v HCCC (1997) 41 NSWLR 630; HCCC v Perroux [2011] NSWDC 99; HCCC v Simonson [2017] NSWCATOD 87 Pillai v Messiter (No 2) (1989) 16 NSWLR 197; Slezak, Dr Peter [2011] NSWMPSC 10; Texts Cited: Pharmacy Guild of NSW, Guide to Medicines and Poisons Schedule (2015); NSW Health, Guide to Poisons and Therapeutic Goods Legislation for Pharmacists TG79 (2009, 2013, 2014) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Anthony Sadek (Respondent) Representation: Counsel Mr Maybury, instructed by Ms Bayley (Applicant) Mr Downing (Respondent)