Grant v Health Ombudsman

A psychiatrist, the applicant, sought judicial review of decisions by the Ombudsman and the Director to refer complaints against him to the Queensland Civil and Administrative Tribunal. The applicant argued that the complaints did not relate to health services and were thus outside the Ombudsman's jurisdiction. The applicant also challenged the absence of reasons for the referral decisions. The central legal issues were whether the complaints could be classified as complaints about health services or other services under the Health Ombudsman Act 2013 (Qld), and whether the referral decisions required reasons to be provided. The court found that the complaints were about health services as they pertained to the applicant's professional conduct in preparing medical-legal reports. The court also determined that the referral decisions were subject to the obligation to provide reasons, but found that the Ombudsman and the Director had adequately discharged this obligation. The court dismissed the application, ordering that costs follow the event and that the parties notify the court if the judgment contains any confidential matters.