Health Care Complaints Commission v Elias (No. 2) [2019] NSWCATOD 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Elias (No. 2) [2019] NSWCATOD 51 Hearing dates: On the papers Date of orders: 09 April 2019 Decision date: 09 April 2019 Jurisdiction: Occupational Division Before: A Britton, Principal Member M Cross, Professional Member K Carter, Professional Member R Leontini, General Member Decision: 1. Mr Simon Elias is reprimanded. 2. While Mr Elias resides in NSW the appropriate review body for the purpose of Pt 8, Div. 8 of the National Law is the Council. Otherwise the appropriate review body is the Pharmacy Board of Australia. 3. Pursuant to s 163(4) of the National Law the following conditions are imposed on Mr Elias's registration for a period of 12 months or such longer period as determined by the Pharmacy Council (the Council):

A Mentor relationship (a) Mr Elias is to nominate a registered experienced pharmacist to act as his professional mentor for approval by the Pharmacy Council of NSW ('the Council') in accordance with the Council's Mentoring Policy. The mentoring relationship is to continue for a minimum period of 12 months from the date of the Council's approval or appointment of the mentor, with the Council to determine if an additional period of mentoring is appropriate. (b) The respondent is to meet with the mentor at a frequency and for a period of time to be determined by the Council. (c) At each meeting Mr Elias is to review and discuss his practice with his approved mentor with a particular focus on: (i) Management of his pharmacy practice; (ii) Supervision of pharmacy staff; and (iii) Compliance with his obligations pursuant to the Poisons and Therapeutic Goods Act 1966 (NSW) and the Poisons and Therapeutic Goods Regulation 2008 (NSW). (d) Mr Elias is to authorise the mentor to report, in an approved format, to the Council every three months about the fact of contact, and to inform the Council if there is any concern about his professional conduct, health or personal wellbeing. (e) Mr Elias is to meet all costs associated with the mentoring conditions. (f) Mr Elias must provide the mentor with a copy of the decision made by the New South Wales Civil and Administrative Tribunal: Health Care Complaints Commission v Elias [2019] NSWCATOD 19.