Ibrahim v Pharmacy Council of NSW [2019] NSWCATOD 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ibrahim v Pharmacy Council of NSW [2019] NSWCATOD 187 Hearing dates: 15 November 2019 Date of orders: 12 December 2019 Decision date: 12 December 2019 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member J Ludington, Professional Member R Jaja, Professional Member G Alder, General Member Decision: (1) Appeal allowed. (2) The decision of the Delegates of the Pharmacy Council of NSW made 23 August 2019 to suspend the registration of the appellant as a pharmacist is set aside. (3) The following conditions relating to the appellant's practice as a pharmacist are imposed on his registration namely; 1 To be confined to solely work in the dispensary of any pharmacy. 2 Not to be permitted to interact with any customers during the course of his work. 3 Not to be employed as a Pharmacist in Charge in any pharmacy. 4 Must at all times work only in a pharmacy in which there is another pharmacist on duty. 5 To provide a written acknowledgement from his employer to the Pharmacy Council of NSW (Council) that he/she is aware of the conditions imposed on Mr Ibrahim's registration. 6 To notify Council of any changes in his employment 2 weeks prior to commencing any position. 7 To prominently display a signage within the pharmacy in which he is employed that reads the "Pharmacist in the dispensary is not to advise or consult with customers/patients. Please see the Pharmacist in Charge." 8 To provide Council with monthly reports signed and completed by the relevant Pharmacist In Charge confirming the following during the days in which Mr Ibrahim has been working in the pharmacy: a. Mr Ibrahim's compliance with conditions 1, 2, 3 and 4; and b. that the sign referred to in condition 7 is displayed in the pharmacy. Catchwords: Health practitioner – police prosecution for sexual intercourse with customer during a confidential consultation – appeal against suspension of registration – held mere fact of prosecution not sufficient to justify suspension – principles applying to s 150 of the Health Practitioner National Law NSW – held suspension not appropriate – practice conditions imposed on registration Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Berger v Council of the Law Society of New South Wales [2013] NSWCA 336 Clarke v Nursing and Midwifery Council [2017] NSWCATOD 163 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Category: Principal judgment Parties: Hany Samir Ibrahim (Appellant) Pharmacy Council of NSW (Respondent) Representation: Counsel: M E Hall (Respondent)