Health Care Complaints Commission v Attia [2016] NSWCATOD 167

Health Care Complaints Commission v Attia [2016] NSWCATOD 167

Mr Attia's conduct in purchasing and distributing counterfeit Viagra from an unlicensed supplier, coupled with provision of false information during investigations, constituted unsatisfactory professional conduct and professional misconduct sufficiently serious to warrant cancellation of registration, in order to protect public health and safety.

Jurisdiction
Australia
Judgment Date
23 December 2016
Procedural Posture
Disciplinary Proceedings / Final Decision and Orders
Outcome
Registration cancelled; prohibition on review application for 12 months; costs awarded to Commission.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'registration Cancellation' 'health Practitioner Regulation']
['administrative Law' 'health Law'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'registration Cancellation' 'health Practitioner Regulation']

Case Brief

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Procedural Posture

Disciplinary Proceedings / Final Decision and Orders

Legal Issues

  1. 1 ['Whether practitioner guilty of unsatisfactory professional conduct' 'Whether practitioner guilty of professional misconduct' 'Whether appropriate disciplinary orders should be made' 'Whether respondent provided misleading information to regulator']

Ratio Decidendi

Mr Attia's conduct in purchasing and distributing counterfeit Viagra from an unlicensed supplier, coupled with provision of false information during investigations, constituted unsatisfactory professional conduct and professional misconduct sufficiently serious to warrant cancellation of registration, in order to protect public health and safety.

Court Disposition

Registration cancelled; prohibition on review application for 12 months; costs awarded to Commission.

Orders

  • ["The respondent's registration as a pharmacist is cancelled under s 149C(1)(b) of the National Law." 'The respondent must not apply for review of Order 1, within 12 months from the date of this decision, pursuant to s 149C(7) of the National Law.' "The respondent must pay the Commission's costs of the proceedings,...