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 ChewMr 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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- Case
- [2025] QCAT 251
- Decision Date
CaseChat Overview and Summary
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
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
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