Health Care Complaints Commission v Saab [2019] NSWCATOD 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Saab [2019] NSWCATOD 179 Hearing dates: 5, 6 and 7 December 2018, 21 and 22 May 2019, 16, 18, 19 and 20 September 2019 Date of orders: 27 November 2019 Decision date: 27 November 2019 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member M Cross, Senior Member E Anderson, Senior Member H Schutz, General Member Decision: (1) The complaints of unsatisfactory professional conduct and professional misconduct are proved. (2) Having found the complaints of unsatisfactory professional conduct and professional misconduct proved, in respect of the conduct of stage 2 of the proceedings the matter is listed for directions on 9 December 2019 at 9.00 am. Catchwords: PROFESSIONS AND TRADES – proprietor pharmacist – supervision of employed pharmacists – accuracy of drug registers – compliance with legislation – dispensing of non-compliant prescriptions – unsatisfactory professional conduct – whether unsatisfactory professional conduct is sufficiently serious to amount to professional misconduct Legislation Cited: Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Drummond v Dyer [2002] NSWPB (13 February 2002) HCCC v Phung (No. 1) [2012] 1 NSWDT Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dowla [2019] NSWCATOD 117 Health Care Complaints Commission v Dr Denise Perroux [2011] NSWDC 99 Health Care Complaints Commission v Farhat [2018] NSWCATOD 193 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Saedlounia [2013] NSWMT 13 Khodary [2003] NSWPB 4 Pharmacy Board of Australia v Tavakol [2014] QCAT 112 R v Byrnes (1995) 183 CLR 501 Texts Cited: Pharmacy Board of Australia, "Guidelines on responsibilities of pharmacists when practising as proprietors", 8 December 2010 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Hussein Saab (Respondent) Representation: Counsel: A Petrie (Applicant) D Villa SC (Respondent)