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This database contains decisions of the Pharmacy Tribunal of New South Wales as provided by the Tribunal. There is a separate database for decisions of the Pharmacy Board of New South Wales.
On 25 February 2008, a new piece of governing legislation for the regulation of pharmacists and pharmacies in NSW, the Pharmacy Practice Act 2006, commenced operation. Under this Act a new disciplinary structure has been introduced that is in keeping with existing health profession registration legislation in NSW. That structure includes a two tier system for dealing with complaints of 'unsatisfactory professional conduct' and complaints of 'professional misconduct' and an independent tribunal known as the Pharmacy Tribunal.
The most serious complaints, that is, complaints of professional misconduct, which if proven, could attract suspension or removal from the register of pharmacists, are referred, in the first instance, to the Pharmacy Tribunal. Aside from suspension and removal from the register, the Tribunal may also exercise any of the Board's disciplinary powers under the Pharmacy Practice Act 2006.
The Pharmacy Tribunal is independent of the Pharmacy Board of NSW. For the purposes of dealing with complaints each Tribunal consists of the Chairperson or a Deputy Chairperson, two registered pharmacists appointed by the Board and a lay person.
Tribunal hearings are convened as required, rather than on any predetermined basis. The complainant in any Tribunal proceeding is the Health Care Complaints Commission. Following the hearing the Tribunal will publish detailed reasons for its decision. Consequently, Tribunal determinations are reserved and are not handed down at the conclusion of the hearing.
Appeals from the Pharmacy Tribunal decisions on points of law or on the exercise of disciplinary powers will be dealt with by the Supreme Court.
Under the new regime, appeals from Board decisions concerning complaints of unsatisfactory professional conduct will also be referred to the Pharmacy Tribunal to be dealt with by way of rehearing at which fresh evidence may be given. The Tribunal also acts as an appropriate review body with respect to Board orders for suspension, removal from the register and conditions imposed on registration.
The full text of Tribunal decisions appear in this database. Further enquiries about the Tribunal's procedures can be directed to the Coordinator, Pharmacy Tribunal on telephone (02) 9281 7736.