Health Care Complaints Commission v Pickett [2019] NSWCATOD 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Pickett [2019] NSWCATOD 53 Hearing dates: 11 and 12 March 2019 Date of orders: 15 April 2019 Decision date: 15 April 2019 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member R Samimi, Senior Member D Preswick, Senior Member J Sillince, General Member Decision: 1.The complaints of unsatisfactory professional conduct and professional misconduct are proved.

2. The complaints of impairment and competence are proved.

3. The practitioner's registration as a pharmacist is cancelled.

4. The practitioner cannot make an application for review of the cancellation order (Reinstatement Order) until 18 months from the date of this decision.

5. The Registrar is requested to notify the Pharmacy Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1, 2, 3 and 4 above as soon as practicable.

6.The Practitioner is to pay the costs of Health Care Complaints Commission incurred 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 – opioid dependency – misappropriation of Schedule 8 drugs – falsification of records –impairment - competence - whether conduct constitutes unsatisfactory professional conduct and professional misconduct – consideration of appropriate protective orders Legislation Cited: Crimes Act 1990 (NSW) Health Practitioner Regulation National Law Drug Misuse and Trafficking Act 1985 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission 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 Orr [2015] NSWCATOD 124 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 R v Byrnes & Hopwood [1995] HCA 1 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Luke Pickett (Respondent) Representation: Counsel: Ms Petrie