Health Care Complaints Commission v Bakarich [2019] NSWCATOD 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bakarich [2019] NSWCATOD 158 Hearing dates: 3, 4 June 2019, 19 June 2019 (final submissions) Date of orders: 11 October 2019 Decision date: 11 October 2019 Jurisdiction: Occupational Division Before: A Britton, Principal Member M Cross, Senior Member D Preswick, Senior Member J Meyer-Tucker, General Member Decision: (1) Mr Bakarich's registration as a pharmacist is cancelled. (2) Pursuant to s 61 of the Civil and Administrative Tribunal Act 2013 (NSW), Order 1 comes into effect on 10 December 2019. (3) Mr Bakarich must pay 70% of the Commission's costs, as agreed or assessed. (4) The conditions imposed on Mr Bakarich's registration by the Pharmacy Council of NSW on 3 July 2018, pursuant to s 150 of the Health Practitioner Regulation National Law (NSW), are to apply until Order 1 takes effect. Catchwords: PROFESSIONS AND TRADES — health practitioner — whether practitioner is guilty of professional misconduct

PROFESSIONS AND TRADES — health practitioner — whether circumstances of the offence for which practitioner has been convicted, render the practitioner unfit in the public interest to practise the practitioner's profession

STATUTORY CONSTRUCTION — whether being the subject of a finding of guilt for an offence punishable by imprisonment is a "relevant event" within the meaning of s 130(3)(a)(ii) of the Health Practitioner Regulation National Law (NSW)

STATUTORY CONSTRUCTION — s 149C(1)(c) of the Health Practitioner Regulation National Law (NSW) — considerations relevant to the determination of whether circumstances of the offence for which practitioner has been convicted, render the practitioner unfit in the public interest to practise the practitioner's profession Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Health Practitioner Regulation National Law (NSW) Interpretation Act 1987 (NSW) Medical Practice Act 1992 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 NSW Bar Association v Meakes [2006] NSWCA 340 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (5th ed) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Nicholas Bakarich (Respondent) Representation: Counsel: N Evans (Applicant) D A Lloyd (Respondent)