GYK v Health Ombudsman

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

GYK v Health Ombudsman [2025] QCAT 168

PARTIES:

GYK

(applicant)

v

HEALTH OMBUDSMAN

(respondent)

APPLICATION NO/S:

OCR094-24

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

15 July 2025

HEARING DATE:

7 May 2025

HEARD AT:

Brisbane

DECISION OF:

Judicial Member Rinaudo AM
Assisted by:
Mrs C McKenzie
Mr A Thompson
Mrs K Thomson

ORDERS:

IT IS THE DECISION OF THE TRIBUNAL THAT:

1.   The Health Ombudsman’s decision on 7 March 2024 to suspend the applicant’s registration by way of immediate action is confirmed. 

2.   There be no order as to costs. 

THE TRIBUNAL ORDERS THAT:

1. Until further order, pursuant to s 66(1) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), publication of:

(a)     the contents of a document or other thing filed in or produced to the Tribunal;

(b)     evidence given before the Tribunal;

(c)     any order made or reasons given by the Tribunal;

is prohibited to the extent that it could identify or lead to the identification of the applicant and the complainants save as provided for by the terms of this order and save as is necessary for the parties to engage in and progress these proceedings, or any appeal or review arising from these proceedings, and for the respondent to provide information to the Australian Health Practitioner Regulation Agency or National Board in the exercise of the Health Ombudsman’s statutory functions under the Health Ombudsman Act 2013 (Qld).

2.     Any material affected by the non-publication order shall not be copied or inspected without an order of the Tribunal, except by:

(a)     a judicial member;

(b)     a tribunal member;

(c)     an associate to a judicial officer or tribunal member appointed under relevant legislation;

(d)     any assessor appointed to assist the Tribunal;

(e)     the staff of the Tribunal registry;

(f)      any judicial officer, court staff or associate dealing with any appeal or review arising from these proceedings; or

(g)     the parties to these proceedings or any appeal or review arising from these proceedings.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – OTHER HEALTH CARE PROFESSIONALS – where the applicant was subject to immediate registration action by the Health Ombudsman owing to being charged with criminal offences – where the immediate registration action was imposed on the bases that because of the applicant’s conduct, the Health Ombudsman reasonably believes: he poses a serious risk to persons and it is necessary to take the action to protect public health or safety; and it is otherwise in the public interest – where the applicant seeks a review of the decision to suspend his registration – where the Tribunal is not persuaded that less onerous action could be taken to serve the purpose of the immediate registration action – whether the Tribunal should confirm the decision under review

Evidence Act 1995 (Cth)

Health Ombudsman Act 2013 (Qld)
Health Practitioner Regulation National Law (Queensland)

Queensland Civil and Administrative Tribunal Act 2009 (Qld)

I v Medical Board of Australia [2011] SAHPT 18

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