Health Care Complaints Commission v Conte [2021] NSWCATOD 37

Health Care Complaints Commission v Conte [2021] NSWCATOD 37

The respondent is guilty of unsatisfactory professional conduct for being convicted of offences relating to importation of regulated substances without a permit and for failing to notify the National Board of the charges and conviction. The circumstances do not make him unfit in the public interest to practice as a pharmacist so as to justify cancellation or suspension of registration; however, a reprimand and conditions on registration are necessary to protect the public.

Parties
Applicant: Health Care Complaints Commission; Respondent: John Peter Conte
Jurisdiction
Australia
Judgment Date
08 April 2021
Procedural Posture
Occupational Disciplinary Proceeding / Final Orders After Both Liability and Penalty Considered
Outcome
Reprimand with conditions imposed; registration not cancelled or suspended.
Legal Topics
Unsatisfactory Professional Conduct, Pharmacy Regulation, Notification Obligations, Importation of Prohibited Substances
Health Law Disciplinary Proceedings Administrative Law Unsatisfactory Professional Conduct Pharmacy Regulation Notification Obligations Importation of Prohibited Substances

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Health Care Complaints Commission

Applicant

John Peter Conte

Respondent

Procedural Posture

Occupational Disciplinary Proceeding / Final Orders After Both Liability and Penalty Considered

Legal Issues

  1. 1 Whether the respondent is guilty of unsatisfactory professional conduct under the Health Practitioner Regulation National Law (NSW)
  2. 2 Whether the circumstances of the offences render the respondent unfit in the public interest to practice as a pharmacist
  3. 3 What protective orders are appropriate given the respondent's conduct

Ratio Decidendi

The respondent is guilty of unsatisfactory professional conduct for being convicted of offences relating to importation of regulated substances without a permit and for failing to notify the National Board of the charges and conviction. The circumstances do not make him unfit in the public interest to practice as a pharmacist so as to justify cancellation or suspension of registration; however, a reprimand and conditions on registration are necessary to protect the public.

Court Disposition

Reprimand with conditions imposed; registration not cancelled or suspended.

Orders

  • The Respondent is reprimanded.
  • Conditions are imposed on the Respondent's registration, including restrictions on acting as pharmacist in charge or as sole pharmacist, possession/dispensing of certain scheduled substances, requirements for mentoring, undergoing external auditing, reacquisition and maintenance of Quality Care Pharmacy Program...