Health Care Complaints Commission v Farhat [2018] NSWCATOD 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Farhat [2018] NSWCATOD 193 Hearing dates: 26 November 2018 Date of orders: 10 December 2018 Decision date: 10 December 2018 Jurisdiction: Occupational Division Before: J Millbank, Senior Member D Preswick, Senior Member J Zwart, Senior Member B Radcliffe, General Member Decision: (1) Pursuant to findings of unsatisfactory professional conduct and misconduct, under s149C(4)(a) of the National Law if the practitioner was still registered as a pharmacist the Tribunal would have cancelled his registration; (2) Pursuant to s149C(4)(b) of the National Law the practitioner is disqualified from being registered as a pharmacist for a period of 3 years from the date of this decision; (3) Pursuant to s149C(4)(c) of the National Law, the Tribunal requires the Pharmacy Board to record the fact that had he been registered the Tribunal would have cancelled Mr Farhat's registration for a period of 3 years from the date of this decision; (4) The 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); (5) A non-publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting disclosure or publication of the names of the patients listed in the schedule to the complaint. Catchwords: TRADES AND PROFESSIONS ─ pharmacy ─ misappropriation of Schedule 8 and 4D drugs ─ falsification of drug register ─ failure to report missing drug register ─ self administration of drugs Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW); Health Practitioner Regulation National Law NSW 2009 (NSW) ('The National Law') Poisons and Therapeutic Goods Regulation 2008 (NSW); Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Hussein Farhat (Respondent) Representation: Counsel: A Petrie (Applicant) A Chhabra (Respondent)