Health Care Complaints Commission v Le [2018] NSWCATOD 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Le [2018] NSWCATOD 72 Hearing dates: 16 March 2018 Date of orders: 21 May 2018 Decision date: 21 May 2018 Jurisdiction: Occupational Division Before: O Shub, Principal Member D North, Senior Member E Frost, Senior Member J Kearney, General Member Decision: (1) The Respondent is not entitled to apply for registration for a period of 18 months from the date of this order.

(2) There be a Prohibition Order against the Respondent under Section 149(c) for the period until such time as the registration of the Respondent may be reinstated, pursuant to which the Respondent cannot work in any environment where he would have access to any Schedule 8 drugs or addictive drugs.

(3) That the costs of this application be paid by the Respondent. Catchwords: Pharmacy, drugs of addiction, prohibited drugs, stolen prescription pads, prohibited drugs, morphine, Clonazepam, testosterone, diazepam, Halcion, Lexapro, proceeds of crime. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999; Drug Misuse and Trafficking Act 1985; Healthcare Complaints Act 1993; Healthcare Practitioner Regulation National Law (NSW); Poisons and Therapeutic Goods Act 1996; Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 at 380; Briginshaw v Briginshaw (1938) 60 CLR 336; Chen v Health Care Complaints Commission [2017] NSWCA 186; Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] ATSIVC/4 102; (2009) 74 NSITYLK 523; Health Care Complaints Commission v Blush [2015] NSWCATOD 120; Health Care Complaints Commission v Do [2014] NSWCA 307; Health Care Complaints Commission v Echona 2018 NSWCOD 30. Health Care Complaints Commission v Fearon [2018] NSWCATOD 26; Health Care Complaints Commission v Istephan (No 2) [2017] NSWCATOD; Health Care Complaints Commission v Lee [2012] NSWCA 80; Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; Health Care Complaints Commission v Meng [2017] NSWCATOD 141; Health Care Complaints Commission v Nguyen [2014] 123; Health Care Complaints Commission v Philipiah [2013] NSWCA 342; Jung v R [2017] NSWCCA 24; Lee v Health Care Complaints Commission [2012] NSWCA 80; Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182; Oasim v Health Care Complaints Commission [2015] NSWCA 282; Oha 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 Ethan Le (Respondent) Representation: Counsel: Ms N Evans(Applicant)