Health Care Complaints Commission v Zhong [2020] NSWCATOD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Zhong [2020] NSWCATOD 40 Hearing dates: 2 March 2020 and 6 March 2020 (final submissions) Date of orders: 17 April 2020 Decision date: 17 April 2020 Jurisdiction: Occupational Division Before: A Britton, Principal Member R Samimi, Senior Member J Zwart, Senior Member C Gardiner, General Member Decision: (1) Mr Zhong is reprimanded. (2) Pursuant to s 149A of the Health Practitioner Regulation National Law (NSW), for 12 months or such longer period as determined by the Pharmacy Council of NSW (the Council), the following conditions are imposed on Mr Zhong's registration: (a) Mr Zhong must attend for treatment by a psychologist of his choice (the treating practitioner), at a frequency to be decided by the treating practitioner. (b) Mr Zhong must authorise the treating practitioner to inform the Council of any of the following: (i) failure to attend treatment; (ii) termination of treatment; (iii) a significant change in health status, including a significant temporary change. (c) Mr Zhong must provide the Council with the professional and contact details of the treating practitioner. (d) Mr Zhong must provide evidence to the Council of his attendance (frequency and compliance) with the treating practitioner every three months. (e) Mr Zhong must meet all costs associated with the treatment by the psychologist. (f) Mr Zhong must undergo mentoring by an experienced pharmacist. (g) Mr Zhong must nominate for approval by the Council an experienced pharmacist who is unrelated to him, to act as his professional mentor (the Mentor). (h) The mentoring relationship is to continue for a minimum of 12 months from the date of the Mentor's appointment by the Council and at the frequency decided by the Council. (i) As soon as practicable after the Mentor is appointed by the Council, Mr Zhong must provide the Mentor with a copy of Health Care Complaints Commission v Zhong [2020] NSWCATOD 40 (the Tribunal decision) (j) Mr Zhong must authorise the Mentor to provide reports to the Council at the frequency determined by the Council and to inform the Council within one business day if there is any concern about Mr Zhong's professional conduct or personal wellbeing. (k) Mr Zhong must authorise the Mentor to report to the Council about his professional conduct and personal wellbeing, 12-months after the commencement of the mentoring relationship. (l) Mr Zhong must meet all costs associated with the mentoring conditions. (m) Within three months of the date of this decision, Mr Zhong is to commence the Ethics and Dispensing in Pharmacy Practice course offered by the Pharmaceutical Society of Australia (PSA), or an equivalent course approved by the Council and to provide to the Council evidence of having successfully completed that course, in the period decided by the Council. (n) Mr Zhong must not work as a pharmacist in charge. (o) Mr Zhong must not work as the sole pharmacist on duty. (p) As soon as practicable on commencing employment with or working in any pharmacy, Mr Zhong must inform the Council of the name or names and contact details of any and all of these pharmacies. Providing the Tribunal decision to any employer (q) Mr Zhong must provide a copy of the Tribunal decision to his employer and the manager of any pharmacy in which he is working. (3) Mr Zhong must pay the costs of the Health Care Complaints Commission, as agreed or assessed. Catchwords: PROFESSIONS AND TRADES – health practitioner – factors relevant to exercise of discretion to make disciplinary orders where practitioner convicted of a criminal offence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Health Care Complaints Commission v Do [2014] NSWCA 307 Lee v Health Care Complaints Commission [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Michael Zhong (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Robertson Saxton Osborne Lawyers (Respondent) File Number(s): 2019/00310541 Publication restriction: Nil