07 Jan 2019
Mr Dziubak admitted that in 2015, he took testosterone from one of the pharmacies he co-owned with his wife and sold it to a man known to WA Police for $500. Mr Dziubak was convicted of selling testosterone – a prohibited drug – in the District Court of Western Australia.
Mr Dziubak also admitted that he had failed to notify the Board that he had been charged with the offence within seven days, as required under the National Law.
In August 2018, the Board and Mr Dziubak agreed on the terms on which the matter could be settled. He agreed that his conduct constituted professional misconduct and was reprimanded and ordered to pay $3,000 towards the Board’s costs of the proceedings.
The Tribunal noted there were extensive mitigating factors in this case, including (among other things) that this was a one-off incident at a time when Mr Dziubak was under significant personal stress, he had no prior disciplinary or criminal history at the time he committed the offence, and that he had demonstrated remorse for and insight into his conduct. The Tribunal also noted that Mr Dziubak had been suspended by the Board for approximately 10 weeks in 2016 and he had complied with strict conditions imposed on his registration for approximately two years.