Pharmacy Board of Australia v Ang

The Board's allegations of professional misconduct against the respondent pharmacist were upheld by consent, resulting in a reprimand, four months' suspension of registration, and conditions including further education. The Tribunal accepted the parties' jointly proposed determinations, applying the principle from Commonwealth of Australia v Director, Fair Work Building Inspectorate [2015] HCA 46 that an agreed penalty must be independently assessed as appropriate rather than merely within a permissible range. The Board's costs application was refused, the Tribunal exercising its broad discretion under s 195 of the National Law in circumstances where the respondent had made full admissions from the outset, undertaken rehabilitative steps, and agreed to an appropriate outcome at a relatively early stage. The case illustrates that misuse of confidential patient information for non-clinical purposes and sexual boundary violations constitute serious professional misconduct warranting suspension even where substantial mitigating factors exist.