Health Ombudsman v Britten

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Britten [2020] QCAT 217

PARTIES:

DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN

(applicant)

v

VERITY EVE BRITTEN

(respondent)

APPLICATION NO/S:

OCR131-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

26 May 2020 (ex tempore)

HEARING DATE:

26 May 2020

HEARD AT:

Brisbane

DECISION OF:

Judicial Member Robertson
Assisted by:
Ms A Bains
Ms H Barker
Mr J McNab

ORDERS:

1.   The Tribunal finds, in respect of allegation 1, that the respondent engaged in professional misconduct.

2.   The Tribunal finds, with respect to allegation 2, that the respondent engaged in unprofessional conduct.

3.   The Tribunal orders that the respondent be reprimanded.

4. The Tribunal orders, pursuant to s 107(4)(a) of the Act, that the respondent is disqualified from applying for registration for a period of six months from today’s date.

5. The respondent is prohibited from providing any health service, whether on a paid or voluntary basis, unless and until such time as she is registered as a nurse under s 107(4)(b)(i) of the Act.

6.   Each party bear their own costs.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – Professional misconduct – unprofessional conduct – where registered nurse convicted of one count of stealing as a servant and three charges of possession of cannabis and one charge each of possessing utensils used to administer dangerous drugs and failing to properly dispose of syringes – where failure to notify the board within seven days of being charged with criminal offences – where plea of guilty and cooperation with the Health Ombudsman – characterisation of conduct – whether the respondent is disqualified from applying for registration.

Health Practitioner Regulation National Law (Queensland) s 5, s 130

Health Ombudsman Act 2013 (Qld) s 107

APPEARANCES & REPRESENTATION:
Applicant:	Director of Proceedings on behalf of the Health Ombudsman
Respondent:	Appeared on her own behalf

REASONS FOR DECISION

1. On the 30th of April 2019, the applicant Director referred these disciplinary proceedings to the Tribunal pursuant to s 103(1)(a) and s 104 of the Health Ombudsman Act 2013 (The Act).

2. It is common ground that, at all material times, the respondent was registered under the National Law as a registered nurse with the Nursing and Midwifery Board of Australia;  a health service provider within the meaning of s 8(a) (i) of the Act, and a health practitioner under the national law;  and subject to Codes approved by the Board, including the Code of Professional Conduct for Nurses in Australia and the Code of Ethics for Nurses in Australia.

3. The parties have signed and filed an agreed statement of facts dated the 18th of September 2019.

4. The respondent was aged 32 years at the time of the conduct which forms the basis of these disciplinary proceedings.

5. She has a Bachelor of Nursing degree, which she obtained in 2015.  She was first granted general registration by the Board in November 2015.  Apart from the current referral, she has no known…