Health Care Complaints Commission v Kazeme [2020] NSWCATOD 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Kazeme [2020] NSWCATOD 25 Hearing dates: 12 September 2019, 24 – 25 October 2019 Date of orders: 19 March 2020 Decision date: 19 March 2020 Jurisdiction: Occupational Division Before: L Pearson, Principal Member M Cross, Senior Member R Samimi, Senior Member L Wrightson, General Member Decision: (1) The practitioner is guilty of unsatisfactory professional conduct and professional misconduct. (2) The complaint that the practitioner is otherwise not a suitable person to hold registration in the profession of pharmacy is proven. (3) Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW), if the practitioner were still registered, the Tribunal would have cancelled the practitioner's registration as a Pharmacist for a period of one year commencing from 19 November 2020, being the conclusion of the non-review period made by the Victorian Civil and Administrative Tribunal in Pharmacy Board of Australia v Kazeme (Review and Regulation) [2019] VCAT 72 on 19 November 2018. (4) Pursuant to s 149C(4)(c) of the Health Practitioner Regulation National Law (NSW) the Tribunal requires the Pharmacy Board of Australia to record the fact that had the practitioner been registered the Tribunal would have cancelled the practitioner's registration for a period of one year from 19 November 2020, being the conclusion of the non-review period made by the Victorian Civil and Administrative Tribunal in Pharmacy Board of Australia v Kazeme (Review and Regulation) [2019] VCAT 72 on 19 November 2018. (5) Pursuant to s 149C(5) of the Health Practitioner Regulation National Law (NSW) the Tribunal finds that the practitioner poses a substantial risk to the health of members of the public and accordingly orders that the practitioner is prohibited from providing health services offering intravenous infusions, intramuscular injections and other forms of injectables of vitamins, minerals, antioxidants and other similar products, for the period until she obtains a reinstatement order under Div 8 of Part of the Health Practitioner Regulation National Law (NSW) or its equivalent, or is re-registered as a health practitioner. (6) The practitioner is to pay the Health Care Complaints Commission's costs of these proceedings pursuant to clause 13(1) of Schedule 5D of the Health Practitioner Registration National Law (NSW) as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: TRADES AND PROFESSIONS – health practitioner – pharmacist – operation of intravenous vitamin infusion clinic – whether conduct occurred in the practice of the profession of pharmacy – whether practitioner otherwise not suitable person to be registered – practitioner's registration previously cancelled – whether prohibition order should be made Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation National Law (Victoria) Act 2009 (Vic) Legal Profession Uniform Law Application Act 2014 (NSW) Medical Practice Act 1992 (NSW) Medical Practitioners Act 1938 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Attia v Health Care Complaints Commission [2017] NSWSC 1066 Chen v Health Care Complaints Commission [2017] NSWCA 186 Childs v Walton [1990] NSWCA 41 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Attia [2016] NSWCATOD 167 Health Care Complaints Commission v Bosanquet [2012] NSWDT 2 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Elshaimy [2019] NSWCATOD Health Care Complaints Commission v Gillett [2007] NSWNMT 7 Health Care Complaints Commission v Haasbroek [2018] NSWCATOD 177 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWCA 264 Health Care Complaints Commission v Quan [2018] NSWCATOD 111 Health Care Complaints Commission v Simpson [2018] NSWCATOD 49 Health Care Complaints Commission v Willis [2018] NSWCATOD 136 Health Care Complaints Commission v Wingate [2007] NSWCA 236 Lee v Health Care Complaints Commission [2012] NSWCA 80 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 Pharmacy Board of Australia v Kazeme (Review and Regulation) [2019] VCAT 72 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Shadi Kazeme (Respondent) Representation: Counsel: A Petrie (Applicant)