SUPREME COURT OF QUEENSLAND
CITATION: Grant v Health Ombudsman [2024] QSC 146 PARTIES: DONALD ARCHIBALD GRANT
(applicant)
v
HEALTH OMBUDSMAN(first respondent) and
DIRECTOR OF PROCEEDINGS, OFFICE OF THE HEALTH OMBUDSMAN
(second respondent)FILENO/S: BS No 1646 of 2023 DIVISION: Trial Division PROCEEDING: Application ORIGINATING COURT: Supreme Court of Queensland at Brisbane DELIVEREDON: 12 July 2024 DELIVEREDAT: Brisbane HEARINGDATE: 14 December 2023 JUDGE: Brown J ORDER: 1. Grounds 5, 6A and 7 to 9A of the further amended application should be dismissed.
2. Costs should follow the event.
3. The parties notify the court within 14 days if the judgment contains any matter which is subject to confidentiality orders previously made.
CATCHWORDS: PROCEDURE – JURISDICTION – PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – DISCIPLINARY PROCEEDINGS – PROCEEDINGS BEFORE BOARDS, TRIBUNALS, ETC – where the
applicant is a psychiatrist who was regularly engaged to provide medical-legal reports in different types of court proceedings – where the applicant published a book which contained information he obtained in the course of preparing his reports for the courts – where a number of complaints were made to the Ombudsman under the Health Ombudsman Act 2013 (Qld) – where the Ombudsman referred the complaints to the Director – where the Director referred the matter to the
Queensland Civil and Administrative Tribunal – where the applicant submits that the Ombudsman and Director lacked jurisdiction under the Act to make the respective referrals – whether the complaints were complaints “about a health service or other service” within the meaning of the Health Ombudsman Act 2013 (Qld) – whether the complaints were “voluntary notifications” within the meaning of the Health Practitioner Regulation National Law (Queensland) - whether jurisdictional facts or subjective jurisdictional facts exist to found jurisdiction
ADMINISTRATIVE LAW – JUDICIAL REVIEW – THE OMBUDSMAN – REASONS FOR ADMINISTRATIVE
DECISIONS – where the applicant requested a statement of reasons in relation to the referral of the complaints to the Director and the Queensland Civil and Administrative Tribunal – whether the referral decisions are decisions to which the obligation to provide reasons applies
Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld)
Health Ombudsman Act 2013 (Qld) ss 3, 4, 7, 31, 35, 36, 37,
38, 39, 40, 44, 90, 103, 104
Health Practitioner Regulation National Law (Queensland)
ss 3A, 144, 145, 146, 149, 150, 237
Judicial Review Act 1991 (Qld) ss 26, 31, 32, 38, 46
Mental Health Act 1974 (Qld)Mental Health Act 2000 (Qld)
Penalties and Sentences Act 1992 (Qld)Adamson v New South Wales Rugby League Ltd (1991) 31 FCR 242; [1991] FCA 425
Byrne v Marles (2008) 19 VR 612; [2008] VSCA 78
EHF17 v Minister for Immigration & Border Protection
(2019) 272 FCR 409; [2019] FCA 1681, cited
[2021] QSC 159, considered
Gold Coast City v Satellite & Wireless Pty Ltd (2014) 220 FCR 412; [2014] FCAFC 51, considered
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- Case
- [2024] QSC 146
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. Grounds 5, 6A and 7 to 9A of the further amended application should be dismissed.
2. Costs should follow the event.
3. The parties notify the court within 14 days if the judgment contains any matter which is subject to confidentiality orders previously made.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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