Health Care Complaints Commission v Sadek (No 2) [2018] NSWCATOD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sadek (No 2) [2018] NSWCATOD 90 Hearing dates: 23 May 2018 Date of orders: 12 June 2018 Decision date: 12 June 2018 Jurisdiction: Occupational Division Before: J Millbank, Senior Member K Carter, Senior Member M Cross, Senior Member J Griffin, General Member Decision: (1) Mr Sadek is reprimanded;

(2) Cancellation of the practitioner's registration as a pharmacist under s 149C(1)(b) of the National Law effective 30 days from the date of this order;

(3) The practitioner may not apply for review of the order for 2 years from the date of the order coming into effect per s 149C(7);

(4) Respondent to pay the Applicant's costs of these proceedings pursuant to cl 13(1) of Sch 5D of the National Law as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: Pharmacy – professional misconduct – multiple improprieties in recording and dispensing of Schedule 8 medications – dispensing very large quantities of high strength OxyContin in inappropriate circumstances – appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law NSW 2009 (NSW) ('The National Law') ss 3A; 149C(1)(b); 149C(7); cl 13(1) of Sch 5D Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Gad v Health Care Complaints Commission [2002] NSWCA 111 Health Care Complaints Commission v Ahmad ]2015] NSWCATOD 103 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Echano [2018] NSWCATOD 30 Health Care Complaints Commission v Elliott [2018] NSWCATOD 47 Health Care Complaints Commission v Fearon [2018] NSWCATOD 26 Health Care Complaints Commission v Gallard [2017] NSWCATOD 169 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Ngo [2015] NSWCATOD 143 Health Care Complaints Commission v Nguyen [2014] NSWCATOD 123 Health Care Complaints Commission v Sadek [2017] NSWCATOD 181 Lee v Health Care Complaints Commission [2012] NSWCA 80 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Texts Cited: Australian Institute of Health and Welfare, Non-Medical Use of Pharmaceuticals (2017) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Anthony Sadek (Respondent) Representation: Counsel: Ms Tronson (Applicant) Mr Downing (Respondent)