Health Care Complaints Commission v Bui (no 2) [2022] NSWCATOD 45

Health Care Complaints Commission v Bui (no 2) [2022] NSWCATOD 45

Given the seriousness of Mr Bui's sustained misconduct, particularly regarding the purchase of prescription drugs without a prescription for distribution, and the lack of explanation or evidence supporting his reformation regarding the Casino complaint, the Tribunal was not satisfied that more lenient orders would adequately protect the public, leading to the conclusion that cancellation of registration was necessary.

Jurisdiction
Australia
Judgment Date
22 April 2022
Procedural Posture
Disciplinary Proceeding / Orders on Disciplinary Outcome
Outcome
Mr Bui's registration as a pharmacist is cancelled, with a non-review period of 18 months. Costs awarded against Mr Bui.
Legal Topics
['professional Misconduct' 'cancellation of Registration' 'protective Orders' 'pharmacy Regulation']
['health Law' 'professional Discipline'] ['professional Misconduct' 'cancellation of Registration' 'protective Orders' 'pharmacy Regulation']

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Procedural Posture

Disciplinary Proceeding / Orders on Disciplinary Outcome

Legal Issues

  1. 1 ["Whether Mr Bui's registration as a pharmacist should be cancelled" 'Appropriate duration of non-review period following cancellation of registration' 'Whether less restrictive orders would adequately protect the public']

Ratio Decidendi

Given the seriousness of Mr Bui's sustained misconduct, particularly regarding the purchase of prescription drugs without a prescription for distribution, and the lack of explanation or evidence supporting his reformation regarding the Casino complaint, the Tribunal was not satisfied that more lenient orders would adequately protect the public, leading to the conclusion that cancellation of registration was necessary.

Court Disposition

Mr Bui's registration as a pharmacist is cancelled, with a non-review period of 18 months. Costs awarded against Mr Bui.

Orders

  • ["Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) Mr Bui's registration as a pharmacist is cancelled." 'Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW) Mr Bui may not apply for review of the cancellation order for a period of 18 months.' 'Pursuant to s 61...