Health Care Complaints Commission v Nguyen [2014] NSWCATOD 123

Health Care Complaints Commission v Nguyen [2014] NSWCATOD 123

The Tribunal found the respondent engaged in repeated, deliberate breaches of statutory controls protecting public health, knowingly supplying pseudoephedrine and steroids contrary to legal requirements, failing to record supplies, and placing community safety at risk; his conduct amounted to unsatisfactory professional conduct and professional misconduct sufficiently serious as to justify cancellation of registration; claim of intimidation was not accepted as a valid justification given lack of notification to authorities and continued breaches over an extended period.

Parties
Complainant: Health Care Complaints Commission; Respondent: Tan Nguyen
Jurisdiction
Australia
Judgment Date
28 October 2014
Procedural Posture
Occupational Disciplinary Proceedings / Final Judgment and Orders
Outcome
Registration cancelled; costs ordered; non-publication order made
Legal Topics
Unsatisfactory Professional Conduct, Professional Misconduct, Pharmacy Regulation, Supply of Controlled Substances, Non Publication Orders
Health Law Professional Discipline Unsatisfactory Professional Conduct Professional Misconduct Pharmacy Regulation Supply of Controlled Substances Non Publication Orders

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Parties

Health Care Complaints Commission

Complainant

Tan Nguyen

Respondent

Procedural Posture

Occupational Disciplinary Proceedings / Final Judgment and Orders

Legal Issues

  1. 1 Whether the respondent pharmacist is guilty of unsatisfactory professional conduct and professional misconduct under the Health Practitioner Regulation National Law (NSW)
  2. 2 Whether conduct warrants cancellation of registration
  3. 3 Whether respondent failed to comply with statutory requirements concerning supply and recording of restricted substances

Ratio Decidendi

The Tribunal found the respondent engaged in repeated, deliberate breaches of statutory controls protecting public health, knowingly supplying pseudoephedrine and steroids contrary to legal requirements, failing to record supplies, and placing community safety at risk; his conduct amounted to unsatisfactory professional conduct and professional misconduct sufficiently serious as to justify cancellation of registration; claim of intimidation was not accepted as a valid justification given lack of notification to authorities and continued breaches over an extended period.

Court Disposition

Registration cancelled; costs ordered; non-publication order made

Orders

  • The Respondent Practitioner's registration is cancelled, on and from the date of this decision.
  • An application for review of the Order of cancellation of the Practitioner's registration under Division 8 of the National Law may not be made until after the expiration of a two (2) year period commencing on and from the date of this decision.