Hamilton v Pharmacy Board of Australia [No 2]

• 1. Professions and Trades
  2. › Pharmacist
  3. › Disciplinary proceedings
  4. › Professional misconduct
  5. › Dispensing anabolic androgenic steroids
  6. › Dispensing for purpose known not to accord with recognised therapeutic standards
  7. › Appropriate penalty
  8. › Suspension of registration
  9. › Health Practitioner Regulation National Law (WA), ss 5, 196(2)
• 1. Professions and Trades
  2. › Pharmacist
  3. › Disciplinary proceedings
  4. › Finding of deliberate falsehood by witness
  5. › Whether finding that witness deliberately gave false evidence was justified
  6. › Distinction between rejection of evidence and finding of dishonesty
  7. › Whether inconsistency between witnesses' evidence sufficient basis for finding of deliberate lie
• 1. Appeal
  2. › Appeal from State Administrative Tribunal
  3. › Appeal on question of fact
  4. › Where decision deprives person of capacity to pursue vocation
  5. › Standard of appellate review
  6. › Inference not dependent on demeanour
  7. › State Administrative Tribunal Act 2004 (WA), s 105(1), (2), (13)
• 1. Appeal
  2. › Additional evidence on appeal
  3. › Whether evidence could have been discovered with reasonable diligence
  4. › Whether in interests of justice to admit
  5. › Responsibilities of regulator as prosecutor
  6. › Public interest in finality of litigation

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