Health Care Complaints Commission v Farhat [2018] NSWCATOD 193

Health Care Complaints Commission v Farhat [2018] NSWCATOD 193

The practitioner’s repeated and serious breach of professional standards, including drug misappropriation and falsifying drug registers, amounted to professional misconduct. Due to gravity, lack of remediation, and potential risk to public, deregistration and period of disqualification are necessary for protection and deterrence.

Jurisdiction
Australia
Judgment Date
10 December 2018
Procedural Posture
Occupational Disciplinary Proceedings / Final Determination and Orders
Outcome
Deregistration and disqualification for three years; costs awarded; non-publication order made.
Legal Topics
['pharmacy Misconduct' 'professional Misconduct' 'drug Misappropriation' 'deregistration' 'protective Orders']
['health Law' 'professional Regulation'] ['pharmacy Misconduct' 'professional Misconduct' 'drug Misappropriation' 'deregistration' 'protective Orders']

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Procedural Posture

Occupational Disciplinary Proceedings / Final Determination and Orders

Legal Issues

  1. 1 ['Whether the admitted conduct amounted to professional misconduct' 'Appropriate protective orders in light of the practitioner’s conduct']

Ratio Decidendi

The practitioner’s repeated and serious breach of professional standards, including drug misappropriation and falsifying drug registers, amounted to professional misconduct. Due to gravity, lack of remediation, and potential risk to public, deregistration and period of disqualification are necessary for protection and deterrence.

Court Disposition

Deregistration and disqualification for three years; costs awarded; non-publication order made.

Orders

  • ['If practitioner were registered, registration would be cancelled under s149C(4)(a) National Law' 'Practitioner disqualified from being registered as a pharmacist for three years under s149C(4)(b) National Law' 'Pharmacy Board required to record finding under s149C(4)(c) National Law' 'Respondent to pay Applicant’s...