Health Care Complaints Commission v Nguyen [2019] NSWCATOD 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Nguyen [2019] NSWCATOD 166 Hearing dates: 3 October 2019 Date of orders: 30 October 2019 Decision date: 30 October 2019 Jurisdiction: Occupational Division Before: O Shub, Senior Member D North, Senior Member F Zirein, Senior Member M Maher, General Member Decision: (1) Pursuant to s 149C(1)(b) of the National Law, the Respondent's registration as a pharmacist is cancelled. (2) Pursuant to s 149C(7) of the National Law, the Respondent cannot seek a review of order (1) for a period of three years. (3) Pursuant to s 163 of the National Law, the Tribunal is the appropriate review body for any review of these orders. (4) The Respondent is ordered to pay the Applicant's costs. Catchwords: PROFESSIONS AND TRADES – pharmacist – illicit supply of Schedule 4D drugs – oversupply of prescribed drugs – filling prescriptions that were forged or fraudulent Legislation Cited: Health Practitioner Regulation National Law Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Clyne v New South Wales Bar Association [1960] HCA 40; (1960) 104 CLR 186 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Dr Jamieson [2014] NSWCATOD 56 Health Care Complaints Commission v Perroux [2011] NSWDC 99 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Spicer v New South Wales Medical Board & Ors (Court of Appeal (NSW), 19 February 1981, unrep) Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Jason Nguyen (Respondent) Representation: Counsel: I Chatterjee (Applicant)