Health Ombudsman v Callus

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Callus [2020] QCAT 205

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

GRIFFIN CALLUS

(respondent)

APPLICATION NO/S:

OCR001-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

29 July 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President
Assisted by:
Ms Laura Dyer
Mr Stephen Lewis
Mr Brad Taylor

ORDERS:

1. In relation to Allegation 1, pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), the Tribunal decides that the respondent has behaved in a way that constitutes professional misconduct.

2. In relation to Allegation 2, pursuant to section 107(2) (a) of the Health Ombudsman Act 2013 (Qld), the Tribunal decides that the respondent has no case to answer and no further action is to be taken in relation to the matter.

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

4. Pursuant to section 107(4)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is disqualified from applying for registration as a registered health practitioner for a period of 12 months.

5.   The interim non-publication order made on 29 March 2019 is discharged.

6. Pursuant to section 66(1) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), the publication of:

(a)    the contents of a document or thing filed in or produced to the Tribunal;

(b)   evidence given before the Tribunal; and

(c)    any order made or reasons given by the Tribunal;

 is prohibited to the extent that it may identify or lead to the identification of any patient.

7.   Each party to the proceeding must bear the party’s own costs for the proceeding.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the respondent was an endorsed enrolled nurse – where the referral alleges professional misconduct and unprofessional conduct – where the respondent was employed as an endorsed enrolled nurse in the mental health unit of a public hospital – where the alleged professional misconduct and unprofessional conduct involved the respondent’s relationship with a patient of the mental health unit – where the respondent committed boundary violations including sexual misconduct – whether such conduct should be characterised as professional misconduct – where the respondent permitted the patient to leave the mental health unit to smoke on the hospital grounds – whether such conduct should be characterised as unprofessional conduct – what sanction should be imposed

Health Ombudsman Act 2013 (Qld), s 103, s 104, s 107

Health Practitioner Regulation National Law (Queensland), s 5

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66

Health Ombudsman v HSK [2018] QCAT 419

Nursing and Midwifery Board v Evans [2016] QCAT 77

Nursing & Midwifery Board of Australia v Isgrove [2015] QCAT 522

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

REASONS FOR…