Health Ombudsman v Antley

CITATION: Health Ombudsman v Antley [2016] QCAT 472

PARTIES:	Health Ombudsman (Applicant)
v
Lara Joanne Antley (Respondent)

APPLICATION NUMBER: OCR230-15

MATTER TYPE:	Occupational regulation matters
HEARING DATE:	22 November 2016

HEARD AT: Brisbane

DECISION OF: Hon J B Thomas AM QC, Judicial Member
Assisted by:
Dr Jane Truscott
Mr Andrew Ian Urquhart
Mr Trevor Leslie Jordan

DELIVERED ON: 19 December 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

1. Under s 107(2) of the Health Ombudsman Act 2013 (Qld), findings are made that:

(a)     the respondent has behaved in a way that constitutes professional misconduct as alleged in charges 1, 2, 3 and 4, in that she engaged in conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience;

(b)    the respondent has behaved in a way that constitutes unprofessional conduct as alleged in charge 5; and

(c)     the respondent has no case to answer in relation to charge 6, and no further action is to be taken in relation to that matter.

2.    The respondent is reprimanded;

3.    The respondent is disqualified from applying for registration as a registered health practitioner for nine months from the date of this order; and

4.    The parties must pay their own costs of these proceedings.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – MEDICAL PRACTITIONERS – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT AND UNPROFESSIONAL CONDUCT – DEPARTURE FROM ACCEPTED STANDARDS – where respondent practitioner stole blank authority prescriptions from her employer and forged prescriptions for drugs of dependence – where the practitioner used the forged prescriptions to obtain drugs of dependence – where the practitioner was subsequently convicted of offences relating to the conduct – where a statement of agreed facts was submitted but the practitioner subsequently withdrew from the proceedings – whether the practitioner engaged in professional misconduct or unprofessional conduct – whether an order for costs should be made

Health Ombudsman Act 2013 (Qld), s 21(2), s 103(1)(a), s 107(2)
Health Practitioner Regulation National Law Act 2009 (Qld), s 195
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 102

Cruceru v Medical Board of Australia [2016] QCAT 111, cited
HCC v Robertson [2011] NSWNNT 5, considered
Legal Services Commissioner v Voll [2008] QCA 293, cited
Nursing and Midwifery Board of Australia v Mahon (Review and Regulation) [2014] VCAT 403, considered
Nursing and Midwifery Board of Australia (Review and Regulation) v Black [2015] VCAT 1232
Re Hampton 2002] QCA 129, distinguished 
Smith v New South Wales Bar Association [1992] 175 CLR 256, cited
Tamawood Ltd & Anor v Paans [2005] QCA 111, cited

REPRESENTATIVES:

APPLICANT:

RESPONDENT:

APPEARANCES:

Office of the Health Ombudsman for the applicant

Respondent in person

The matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (“QCAT Act”).

REASONS FOR DECISION

Jurisdiction

1. This is a disciplinary referral concerning the conduct of a registered nurse.

2. The matter is within the…