Health Ombudsman v Chang

The case of Health Ombudsman v Chang involved a disciplinary proceeding against Min-Hsun Chang, a registered Chinese Medicine Practitioner, who was referred to the Queensland Civil and Administrative Tribunal by the Health Ombudsman. The Tribunal, consisting of Judicial Member D J McGill SC, assisted by M Crain, M Macdonald, and C Narayan, was tasked with determining whether Chang had engaged in professional misconduct and unprofessional conduct as alleged. The primary issue was whether Chang had sexually assaulted a patient and failed to report a criminal charge as required by law. After considering the evidence, including witness statements, the transcript of the criminal trial, and submissions from both parties, the Tribunal found that Chang had indeed sexually assaulted the patient and failed to report the criminal charge. The Tribunal concluded that Chang's actions constituted professional misconduct and unprofessional conduct. As a result, Chang was reprimanded, disqualified from applying for registration as a health practitioner for five years, and prohibited from providing any health service until he obtained registration. The interim prohibition order issued by the Health Ombudsman was set aside, and the parties were ordered to bear their own costs of the referral.

The Tribunal's reasoning was grounded in the evidence presented, including the complainant's consistent account of the assault, her immediate actions following the incident, and the presence of a substance found in the massage oil used at the practice in her vagina. The Tribunal rejected Chang's account as implausible and noted the lack of insight and remorse shown by Chang. The sanction imposed was considered appropriate to protect the public, maintain professional standards, and uphold public confidence in the health profession. The decision reflects the Tribunal's consideration of similar cases and the need to balance the interests of personal and general deterrence with the circumstances of this particular case.