Health Care Complaints Commission v Moawad [2020] NSWCATOD 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Moawad [2020] NSWCATOD 19 Hearing dates: 10, 11 February 2020 Date of orders: 10 March 2020 Decision date: 10 March 2020 Jurisdiction: Occupational Division Before: J Millbank, Senior Member J Zwart, Senior Member R Benda, Senior Member J Kearney, Senior Member Decision: (1) Pursuant to s 149C(1) (b) and (c) of the Health Practitioner Regulation National Law (NSW) the registration of the practitioner as a pharmacist is cancelled, effective 30 days from the date of this order; (2) Prior to the cancellation of registration coming into effect, per s 149A(b) a condition is imposed on the practitioner's registration that he not practise as a pharmacist, must not enter any pharmacy in which he has a financial interest, and not work as a pharmacy assistant; (3) From the date the cancellation order becomes effective, per s 149C(5) the practitioner is prohibited from working as pharmacy assistant until such time as the Tribunal reviews order 1; (4) The practitioner may not apply for review of these orders for 18 months from the date of order 1 coming into effect per s 149C(7); (5) The respondent is to pay the applicant's costs in the amount of $14,000; (6) Pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW) disclosure or publication of the names of Persons A-E in the schedule to the complaint is prohibited. Catchwords: TRADES AND PROFESSIONS – Pharmacy – fraudulent PBS claims – criminal conviction Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Grieve [2016] NSWCATOD 28 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Shrimpton (No 2) [2019] NSWCATOD 48 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) John Moawad (Respondent) Representation: Counsel: D Fuller (Applicant) E Elbourne (Respondent)