New South Wales Consolidated Acts

PHARMACY PRACTICE ACT 2006 - SECT 31

31 Annual return to be submitted

(1) A registered pharmacist must, on or before the return date in each year, furnish in writing to the Board in a form approved by the Board a return for the return period specifying the following information:

(a) details of any conviction of the pharmacist for an offence in this State or elsewhere during the return period (together with details of any penalty imposed for the offence),

(b) details of the making of a sex or violence, or drug related, criminal finding against the pharmacist for an offence, in this State or elsewhere, during the return period (together with details of any penalty imposed for the offence),

(c) details of the making of a criminal finding against the pharmacist for an offence committed in the course of the practice or purported practice of pharmacy, in this State or elsewhere, during the return period (together with details of any penalty imposed for the offence),

(d) details of any criminal proceedings pending against the pharmacist at the end of the return period, in this State or elsewhere, for a sex or violence, or drug related, offence alleged to have been committed in the course of the practice or purported practice of pharmacy,

(e) details of any criminal proceedings pending against the pharmacist at the end of the return period, in this State or elsewhere, for a sex or violence offence alleged to have been committed against a minor or to involve child pornography (whether or not alleged to have been committed in the course of the practice or purported practice of pharmacy),

(f) details of any conviction of, or the making of a finding against, the pharmacist for an offence that arises out of or is connected with the supply of pharmaceutical benefits or special pharmaceutical products (within the meaning of the National Health Act 1953 of the Commonwealth) under Part VII of that Act,

(g) details of any significant illness (physical or mental) from which the pharmacist suffered at any time during the return period and that may reasonably be thought likely to detrimentally affect the pharmacist’s physical or mental capacity to practise pharmacy,

(h) details of any suspension of, cancellation of, or imposition of conditions on, the registration of the pharmacist as a pharmacist in another jurisdiction (either within Australia or elsewhere) during the return period,

(i) details of any suspension of, cancellation of, or imposition of conditions on, any registration of the pharmacist under a health registration Act during the return period,

(j) a statement as to whether the pharmacist is registered under a health registration Act as at the date of the return,

(k) a statement as to whether the pharmacist has been refused registration as a pharmacist in another jurisdiction (either within Australia or elsewhere) during the return period,

(l) a description of any pecuniary interest the pharmacist has in a pharmacy business,

(m) details of any continuing professional education undertaken by the pharmacist during the return period,

(n) such other information as may be prescribed by the regulations.

(2) A person who holds a pecuniary interest in a pharmacy business must, on or before the return date in each year, furnish in writing to the Board in a form approved by the Board a return for the return period specifying the following information:

(a) the nature of the interest,

(b) the basis on which the person is entitled to hold the interest under this Act (for example, as a registered pharmacist, a member of a pharmacists’ body corporate, a friendly or other society under section 26 or a body corporate under section 27),

(c) the number of pharmacy businesses in which the person has a pecuniary interest,

(d) in relation to each pharmacy business the person owns, a description of the policies or systems in place to ensure safe and competent delivery of pharmacy services,

(e) such other information as the regulations may prescribe.

Maximum penalty (subsection (2)): 20 penalty units.

(3) The Board may require a return under this section to be verified by statutory declaration.

(4) The regulations may provide that subsection (1) (a) does not apply in respect of particular offences.

(5) In this section:
"return date" means a date notified to pharmacists or pharmacy owners (as the case may be) by the Board in writing at least 1 month in advance.
"return period" means the period of 12 months ending 2 months before the return date.