du Toit v Health Ombudsman

The case of du Toit v Health Ombudsman involved an application by George du Toit, a medical practitioner, to review a decision made by the Health Ombudsman to take immediate action against his registration due to concerns about his conduct and performance. The Health Ombudsman had imposed conditions on du Toit's registration based on a report by an expert, Dr Llewllyn Francis, who identified repetitive themes or issues in du Toit's practice. The Tribunal conducted a de novo hearing, considering additional expert evidence and oral testimony from both parties. The key legal issues were whether the Tribunal formed a reasonable belief that du Toit posed a serious risk to patients and whether it was necessary to take action to protect public health and safety. The Tribunal found that the evidence did not support the view that du Toit posed a serious risk to patients, and thus set aside the Health Ombudsman’s decision. The Tribunal ordered that du Toit be allowed to return to clinical practice in Queensland, noting concerns in his note taking and leadership capability, but found these did not constitute a serious risk to patients.