CITATION: | Health Ombudsman v Barber [2017] QCAT 431 |
PARTIES: | Health Ombudsman |
| v | |
| Jamie Benjamin Barber | |
APPLICATION NUMBER: | OCR123-16 |
MATTER TYPE: | Occupational regulation matters |
HEARING DATE: | 19 April 2017 |
HEARD AT: | Brisbane |
DECISION OF: | Judge Sheridan, Deputy President |
DELIVERED ON: | 13 December 2017 |
DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. In relation to Charge 1, pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013(Qld), the Tribunal finds the Respondent has behaved in a way that constitutes professional misconduct. 2. In relation to Charges 2 and 3, pursuant to s 107(2)(b)(ii) of the Health Ombudsman Act 2013(Qld), the Tribunal finds the Respondent has behaved in a way that constitutes unprofessional conduct. 3. Pursuant to s 107(3)(a) of the Health Ombudsman Act 2013(Qld), the Respondent is reprimanded. 4. The applicant is to file submissions on costs by 4:00pm on 10 January 2018. 5. The respondent is to file submissions on costs by 4:00pm on 24 January 2018. 6. The applicant is to file submissions in reply, if any, by 4:00pm on 31 January 2018. |
CATCHWORDS: | PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the practitioner was charged and convicted of two counts of trafficking cannabis and one count of possessing cannabis – where the practitioner had been charged on the basis of his own admissions – where the practitioner failed to disclose the charges and convictions to the Nursing and Midwifery Board of Australia – where the practitioner failed to declare that he was charged with the criminal offences on his application for registration renewal – where the practitioner admitted to having engaged in professional misconduct – whether the registration of the practitioner should be suspended Health Ombudsman Act 2013 (Qld), s 107 Craig v Medical Board of South Australia (2001) 79 SASR 545, cited |
APPEARANCES: | |
APPLICANT: | L Mudge of the Health Ombudsman |
RESPONDENT: | C Massy, instructed by Hall Payne Lawyers |
REASONS FOR DECISION
Background
On 9 August 2016, the Health Ombudsman referred to the Tribunal disciplinary proceedings against the practitioner, Mr Barber. The referral was made pursuant to ss 103(1)(a) and 104 of the Health Ombudsman Act 2013 (Qld) (HO Act). The allegations in the referral arose from two separate notifications made to the Health Ombudsman, namely:
a)A written self-notification made by Mr Barber dated 12 January 2015; and
b)
A written notification made on behalf of Mr Barber’s employer,
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- Case
- [2017] QCAT 431
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the tribunal was whether Mr Barber's criminal convictions and subsequent failure to disclose these matters to the Board constituted professional misconduct or unprofessional conduct under the Health Ombudsman Act 2013 (Qld). The tribunal also needed to consider the appropriate penalty for such conduct. The tribunal considered the impact of Mr Barber's criminal conduct on his fitness to practice nursing and the need to protect the public and maintain public confidence in the nursing profession.
The tribunal found that Mr Barber's criminal convictions and failure to disclose them to the Board constituted professional misconduct and unprofessional conduct. It held that Mr Barber's conduct demonstrated a lack of honesty and integrity, which were essential qualities for a registered nurse. The tribunal considered the seriousness of the criminal offences, the impact on Mr Barber's fitness to practice, and the need to maintain public confidence in the nursing profession. It decided that a reprimand was the appropriate penalty, given Mr Barber's admission of misconduct and his otherwise unblemished record. The tribunal also ordered that the parties file submissions on costs within specified timeframes.
Orders
Orders of the court
1. In relation to Charge 1, pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), the Tribunal finds the Respondent has behaved in a way that constitutes professional misconduct.
2. In relation to Charges 2 and 3, pursuant to s 107(2)(b)(ii) of the Health Ombudsman Act 2013 (Qld), the Tribunal finds the Respondent has behaved in a way that constitutes unprofessional conduct.
3. Pursuant to s 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the Respondent is reprimanded.
4. The applicant is to file submissions on costs by 4:00pm on 10 January 2018.
5. The respondent is to file submissions on costs by 4:00pm on 24 January 2018.
6. The applicant is to file submissions in reply, if any, by 4:00pm on 31 January 2018.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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