Health Care Complaints Commission v Fearon [2018] NSWCATOD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Fearon [2018] NSWCATOD 26 Hearing dates: 13, 14, 15, 16 November 201718 December 2017 (final submissions) Date of orders: 02 March 2018 Decision date: 02 March 2018 Jurisdiction: Occupational Division Before: A Britton, Principal Member E Frost, Senior Member R Jaja, Senior Member G Alder, General Member Decision: 1. If Mr Fearon had been registered the Tribunal would have cancelled his registration.

2. The National Board with which Mr Fearon was registered is to record the fact that the Tribunal would have cancelled his registration in the National Register kept by the Board.

3. Mr Fearon is disqualified from being registered as a pharmacist for a period of 12 months from the date of this decision;

4. Mr Fearon must pay the Commission's costs, as agreed or assessed. Catchwords: PROFESSIONS AND TRADES — health practitioner — whether practitioner is suitable person to hold registration — appropriate form of protective order

EVIDENCE — application of the rules of evidence —tendency or coincidence evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Drug Misuse and Trafficking Act 1985 (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) 60 CLR 336; [1938] HCA 34 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Istephan (No 2) [2017] NSWCATOD Health Care Complaints Commission v Menz (No. 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Hoch v The Queen (1988) 165 CLR 292; [1988] HCA 50 Jung v R [2017] NSWCCA 24 Minister for Immigration and Multicultural Affairs v Ali [2000] FCA 1385; (2000) 106 FCR 313 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170; (1992) 110 ALR 449 NSW Bar Association v Meakes [2006] NSWCA 340 Oshlack v Richmond River Council 193 CLR 72; [1998] HCA 11 Pfennig v The Queen (1994) 182 CLR 461; [1995] HCA 7 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Nicholas James Fearon (Respondent) Representation: Counsel: A Petrie (Applicant)