Pharmacy Disciplinary Proceedings – Sometimes You Just Have to Keep on Fighting

We were recently successful in having the indefinite suspension of a pharmacist set aside in the NSW Court of Appeal after several legal setbacks.

Throughout the various court proceedings, the Pharmacy Council was adamant that this pharmacist had to remain suspended and refused to acknowledge the failures of due process that occurred in a section 150 proceeding under the National Health Law (s150 hearing) (until changing their view before the final hearing in the NSW Court of Appeal). In our experience, this is a common problem with these s150 hearings.

The conduct of the Pharmacy Council in these s150 hearings can often give a pharmacist a right to appeal the decision of the Pharmacy Council. Unfortunately, pharmacists are often discouraged from exercising this right of appeal (by their lawyers) or unaware they can appeal.