Health Ombudsman v Barham

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Barham [2020] QCAT 201

PARTIES:

DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN

(applicant)

v

JOSEPH BARHAM

(respondent)

APPLICATION NO/S:

OCR127-19 (ex tempore)

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

27 April 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member McGill SC,
Assisted by:
Mr B Muller
Dr G Neilson
Mr P Zimon

ORDERS:

1.   the Tribunal decides that the respondent has behaved in the way of constituted professional misconduct

2.   the Tribunal reprimands the respondent

3.   the respondent’s application is dismissed

4.   the parties bear their own costs of this proceeding. 

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – PHARMACEUTICAL CHEMISTS – DISCIPLINARY PROCEEDINGS – MISCONDUCT IN PROFESSIONAL RESPECT – where the respondent was a pharmacist – where disciplinary proceedings were instituted against the respondent in relation to the theft of a quantity of medication – where the respondent concedes that the conduct is professional misconduct - where the parties have provided joint submissions – whether the sanction proposed is appropriate – whether the Tribunal should make a non-publication order

Queensland Civil and Administrative Tribunal Act 2009, section 66

Health Practitioner Regulation National Law (QLD) 2009 s 5

Health Ombudsman Act 2013 (Qld) s 107,

Cutbush v Team Maree Property Service [2010] QCATA 89

Health Ombudsman v NLM [2019] QCAT 366
Health Ombudsman v DeCelis [2019] QCAT 140
J v L & A Services Pty Ltd (No 2) [1994] 2 Qd R 10
Legal Services Commission v XBV [2018] QCAT 332
Medical Board of Australia v Waldron [2017] QCAT 443
Pharmacy Board of Australia v Christie [2016] QCAT 291
Pharmacy Board of Australia v Dougherty [2014] SAHPT 6

Psychology Board of Australia v GA [2014] QCAT 409

REPRESENTATION:
Applicant:	Director of Proceeding on behalf of the Health Ombudsman
Respondent:	Self-represented
APPEARANCES:	This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. This is a reference by the applicant of disciplinary proceedings against the respondent under the Health Ombudsman Act 2013, s 103(1)(a), s 104. Under s 126 of that Act, I constitute the Tribunal. I am sitting with assessors, Mr Muller, Dr Neilson and Mr Zimon, in accordance with the Act, s 126. Their function is to advise me in relation to questions of fact, s 127. The respondent was, at the relevant time, a registered pharmacist and hence a registered health practitioner for the purposes of the Health Practitioner Regulation National Law (QLD).

2. The applicant alleges that the respondent engaged in professional misconduct, in that while registered and employed as a pharmacist he stole a quantity of medication from the stock of the pharmacy.  This occurred on 26 October 2017.  The parties have provided the Tribunal with an agreed statement of facts.  The respondent, who has not been legally represented in these proceedings, admits the grounds alleged and that the conduct in question amounts…