Health Care Complaints Commission v Cheung [2018] NSWCATOD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Cheung [2018] NSWCATOD 10 Hearing dates: 23 October 2017 Date of orders: 15 January 2018 Decision date: 15 January 2018 Jurisdiction: Occupational Division Before: R C Titterton, Principal Member R Benda, Senior Member M Cross, Senior Member J Baker, General Member Decision: 1. Complaints One, Two and Three are established.

2. The respondent's registration is cancelled.

3. The respondent is not to apply for a review of order (1) for a minimum period of four years.

4. The respondent not provide pharmaceutical services whilst he is not a registered pharmacist including the following:

(a) Preparing medicines; (b) Obtaining medicines; (c) Distributing and/or selling medicines, including under the direction or control of another person; (d) Administering medicines; (e) Dispensing pharmaceutical products; (f) Compounding medicines; (g) Teaching, instructing or educating about drugs or medication.

5 The respondent pay the Commission's costs of the application. Catchwords: TRADES AND PROFESSION –– Pharmacy –– Health Practitioner Regulation National Law –– where practitioner convicted of administering poison (etc.) with the intention of causing distress or pain Legislation Cited: Crimes Act 1900 Health Regulation National Law NSW Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Ovchinnikov [2017] NSWCATOD 62 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Roopra (No 2) [2013] NSWDT 3 Health Care Complaints Commission v Sharah [2015] NSWCATOD 99. Health Care Complaints Commission v Taylor [2010] NSWNT 10 Health Care Complaints Commission v Vu [2012] NSWPYT 1 Latoudis v Casey (1990) 170 CLR 534 Lee v Health Care Complaints Commission [2012] NSWCA 80 NSW Bar Association v Hamman (1999) NSWCA 404 Ohn v Walton (1995) 36 NSWLR 77 Qasim v Health Care Complaints Commission (2015) NSWCA 282 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mr Yan Chi Cheung (Respondent) Representation: Counsel: Ms A Bonnor (Applicant)