Health Ombudsman v Bothwell

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Bothwell [2020] QCAT 393

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

TRACEY LEA BOTHWELL

(respondent)

APPLICATION NO/S:

OCR005-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

7 October 2020 (Ex Tempore)

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member J Robertson

Assisted by:

Ms Jennifer Felton
Dr Kim Forrester

Mr James McNab

ORDERS:

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

2. Pursuant to s 107(3)(a) of the Health Ombudsman Act 2013, the respondent is reprimanded.

3. Pursuant to s 107(3)(b)(i) of the Health Ombudsman Act 2013, the respondent must complete a Professional Boundaries course within 12 months from the date of this order.

4.   Each party bear their own costs

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the respondent is a registered nurse – where the respondent had a sexual relationship with a patient – where the respondent had improper communications with a patient where the respondent provided false and misleading information to the regulator – whether such conduct should be characterised as professional misconduct – what sanction should be imposed

Health Ombudsman Act 2013, s 107

Health Practitioner Regulation National Law (Qld), s 5

Craig v Medical Board of South Australia [2001] 79 SASR 545

Health Ombudsman v Jolley [2019] QCAT 173

Health Ombudsman v Wood [2019] QCAT 35

REPRESENTATION:
Applicant:	Director of Proceedings on behalf of the Health Ombudsman
Respondent:	Hall Payne Lawyers
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. The applicant director has referred these disciplinary proceedings to the Tribunal by application filed on 21 December 2018 pursuant to ss 103(1)(a) and 104 of the Health Ombudsman Act 2013 (the Act).

2. The parties have filed a statement of agreed facts and agree on the characterisation of the admitted conduct. They diverge only in relation to the applicant’s submission that, pursuant to s 107(3)(d) of the Act, the respondent’s nursing registration be suspended after a period of 12 months. The respondent submits that a suspension in all the circumstances would be in the nature of a punitive response but agrees to an order pursuant to s 107(3)(b)(i) of the Act that she be required to complete a Professional Boundaries course within 12 months of today’s date.

Background

1. The respondent is an endorsed enrolled nurse registered with the Board at all relevant times. From 6 October 2005 until 19 August 2016 she was employed in that capacity at the Prince Charles Hospital (PCH). She resigned from her position on 19 August 2016.

2. The respondent was born on 6 August 1973 and is presently 47 years of age. She was between 39 and 43 at the time of the conduct, the subject of the allegations in the referral.

3. She has never otherwise been subject to…