Health Ombudsman v Adhar

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QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION:

Health Ombudsman v Adhar [2025] QCAT 251

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

PREM ADHAR

(respondent)

APPLICATION NO/S:

OCR146-21

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

4 June 2025 (decision)

19 September 2025 (reasons)

HEARING DATE:

4 June 2025

HEARD AT:

Brisbane

DECISION OF:

Judicial Member Dick SC
Assisted by:
Dr B Bell
Dr E Chew

Mr P Zimon

ORDERS:

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 patients identified in the material before the Tribunal 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 applicant 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.

IT IS THE DECISION OF THE TRIBUNAL THAT:

1. Pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld) (‘HO Act’), the respondent has behaved in a way that constitutes professional misconduct.

2. Pursuant to s 107(3)(a) of the HO Act, the respondent is reprimanded.

3. Pursuant to s 107(3)(e) of the HO Act, the respondent’s registration is cancelled.

4. Pursuant to s 107(4)(a) of the HO Act, the respondent is disqualified from applying for registration as a registered health practitioner for a period of two (2) years from the date of this order.

5.    No order as to costs.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – MEDICAL PRACTITIONERS – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT AND UNPROFESSIONAL CONDUCT – GENERALLY – where the respondent is a medical practitioner – where the respondent provided wholly inadequate medical management to three patients – where the respondent knowingly prescribed Endone to a patient for another patient’s use and took steps to avoid detection of that conduct – where the respondent engaged in a non-sexual boundary violation with a patient – where the parties have reached an agreement as to characterisation and sanction –…

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Details
Case
[2025] QCAT 251
Decision Date

CaseChat Overview and Summary

In the case of Health Ombudsman v Adhar, the respondent, a medical practitioner, faced disciplinary proceedings for providing wholly inadequate medical management to three patients, knowingly prescribing a controlled drug to a patient for another patient's use, and engaging in a non-sexual boundary violation with a patient. The case was heard before the tribunal, which was required to determine whether the agreed characterisation and sanction was within the permissible range under the Health Ombudsman Act 2013 (Qld). The tribunal found that the respondent's conduct constituted professional misconduct and was thus subject to a reprimand, cancellation of registration, and a two-year disqualification from applying for registration as a health practitioner. The tribunal also imposed a non-publication order to protect the identities of the patients involved.

The tribunal examined whether the agreed characterisation and sanction for the respondent's conduct were appropriate and within the permissible range of penalties under the Health Ombudsman Act 2013 (Qld). The tribunal considered the severity and nature of the respondent's misconduct, including the wholly inadequate medical management of three patients, the knowingly prescriptive conduct for another patient, and the non-sexual boundary violation. The tribunal found that the agreed characterisation and sanction were within the permissible range, as they reflected the gravity of the respondent's actions and provided adequate deterrence and protection for the public. The tribunal's decision was guided by the principles of fairness, proportionality, and the need to uphold the integrity of the medical profession.

The tribunal concluded that the respondent's conduct warranted the agreed characterisation of professional misconduct and the imposition of a reprimand, cancellation of registration, and a two-year disqualification from applying for registration. The tribunal considered the respondent's previous record, his voluntary surrender of his endorsement to deal with controlled drugs, and the impact of his conduct on the patients and the community. The tribunal determined that these penalties were appropriate to address the respondent's misconduct, deter future misconduct, and protect the public from potential harm. The tribunal also imposed a non-publication order to safeguard the identities of the patients involved, ensuring that their privacy was respected throughout the proceedings.

In summary, the tribunal found the respondent guilty of professional misconduct and imposed a reprimand, cancelled his registration, and disqualified him from applying for registration for two years. The tribunal's decision was based on the severity and nature of the respondent's conduct, the need for deterrence and protection of the public, and the principles of fairness and proportionality. The tribunal also imposed a non-publication order to protect the identities of the patients involved in the case.

Orders

Orders of the court

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 patients identified in the material before the Tribunal 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 applicant 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.

IT IS THE DECISION OF THE TRIBUNAL THAT:

1. Pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld) (‘HO Act’), the respondent has behaved in a way that constitutes professional misconduct.

2. Pursuant to s 107(3)(a) of the HO Act, the respondent is reprimanded.

3. Pursuant to s 107(3)(e) of the HO Act, the respondent’s registration is cancelled.

4. Pursuant to s 107(4)(a) of the HO Act, the respondent is disqualified from applying for registration as a registered health practitioner for a period of two (2) years from the date of this order.

5. No order as to costs.

Background

Background to the litigation

By way of antecedents, that document states that:[1](a)the respondent was born on 12 May 1963;(b)he was awarded a Bachelor of Medicine and a Bachelor of Surgery in India in 1988;(c)he has been registered as a medical practitioner in Australia since 2000;(d)he was awarded a Fellowship of the Royal Australian College of General Practitioners in 2002; and (e)he was first granted specialist registration in general practice in 2002.[1]Statement of Agreed and Disputed Facts, filed in the Tribunal on 9 July 2024, 1 [1]-[5] (‘Statement of Agreed Facts’). In 2013, the Medical Board of Australia (‘Board’) accepted an undertaking from the respondent to complete a record keeping course and undergo an audit both before and after that course. He fulfilled that undertaking in 2013. At the time of the alleged conduct, he was practising as a specialist general practitioner at his own clinic in Brisbane. The respondent held an endorsement to deal with controlled drugs as a doctor pursuant to s 58 of the Health (Drugs & Poisons) Regulation 1996 (Qld) (‘Regulations’). On 12 April 2019, the respondent voluntarily surrendered that endorsement. On 24 April 2019, the Health Ombudsman took immediate registration action pursuant to s 58 of the Health Ombudsman Act 2013 (Qld) (‘HO Act’) and imposed conditions on his registration that:(a)prohibited him from prescribing Schedule 4 drugs (meaning those listed in Appendix 8 of the Regulations); and(b)required him to practise at a place approved by the Office of the Health Ombudsman. On 23 November 2020, the Board decided to impose conditions upon his registration requiring him to complete a course in relation to documentation and record keeping. The conduct that is the subject of the referral involves four patients, who will be referred to as Patient AB, Patient CD, Patient EF and Patient GH. As set out in the applicant’s submissions, the respondent’s conduct may be broadly described as follows:[2](a)Wholly inadequate medical management of Patients AB, CD and GH, characterised by failures to properly investigate, diagnose and manage their presenting concerns, excessive and inappropriate prescribing of opioids and benzodiazepines, and a failure to make adequate clinical records.(b)Knowingly prescribing Endone (an opioid) to Patient EF for the purpose of it being used by Patient CD (who is Patient EF’s wife) and taking steps to avoid detection of that conduct by directing Patient CD to specific pharmacies for collection.(c)Engaging in a non-sexual boundary violation concerning Patient CD, characterised by the respondent extracting benefits from the patient (i.e., real estate advice and gifts) by his exploitation of Patient CD’s addiction to the medication he prescribed.[3] [2]Applicant’s Brief Written Opening, filed in the Tribunal on 14 February 2025, 2 [7] (‘Applicant’s Written Opening’).[3]Affidavit of Patient CD, sworn on 2 October 2024 and filed in the Tribunal on 2 October 2024, 3-4 [10]-[18].

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.