Health Care Complaints Commission v Green [2018] NSWCATOD 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Green [2018] NSWCATOD 184 Hearing dates: 25, 26 and 27 June 2018 and by written submissions received 29 June 2018, 19 July 2018 and 25 July 2018 Date of orders: 12 November 2018 Decision date: 12 November 2018 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member E Frost, Senior Member P Murney, Senior Member M Maher, General Member Decision: The Tribunal, having found the complaints of unsatisfactory professional conduct and professional misconduct proved, orders that:

(1) If Mr Green were still registered, the Tribunal would have cancelled his registration. (2) Mr Green is disqualified from being registered as a pharmacist for a period of 18 months. (3) The National Board is to record in the National Register the fact that the Tribunal would have cancelled Mr Green's registration. (4) The Registrar is requested to notify the Pharmacy Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1, 2 and 3 above as soon as practicable. (5) Mr Green is to pay the costs of the Health Care Complaints Commission of and incidental to these proceedings as agreed, and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW) Catchwords: PROFESSIONS AND TRADES – Health Practitioner –Pharmacist – modifications to methadone dispensing unit - record keeping - provision of medication without a valid prescription - whether conduct constitutes unsatisfactory professional conduct and professional misconduct – consideration of appropriate protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Practitioner Regulation National Law Health Practitioner Regulation (New South Wales) Regulation 2010 Legal Profession Uniform Law Application Act 2014 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Allplastics Engineering Ply Ltd v Dornoch Ltd [2006] NSWCA 33 Arian v Nguyen [2001] NSWCA 5 Chen v Health Care Complaints Commission [2017] NSWCA 186 Dr Douglass v Lawton Pty Ltd (No 2) [2007] NSWCA 90 HCCC v Liu [2016] NSWCATOD 133 HCCC v Perroux [2011] NSWDC 99 HCCC v Phung (No. 1) [2012] 1 NSWDT HCCC v Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Office of Local Government v Toma [2015] NSWCATOD 21 R. v Byrne [1995] 193 CLR 501 Sabag v HCCC [2001] NSWCA 411 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Samuel Green (Respondent) Representation: Counsel: Ms Petrie (Applicant)