QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Health Ombudsman v CLT [2019] QCAT 378
PARTIES:
HEALTH OMBUDSMAN
(applicant)v CLT
(respondent)
APPLICATION NO/S:
OCR012-17
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
3 September 2019
HEARING DATE:
9 October 2018
HEARD AT:
Brisbane
DECISION OF:
Judge Sheridan
Assisted by:
Mr M Halliday
Ms N CawcuttDr G Neilson
ORDERS:
The Tribunal orders that:
1. Pursuant to s 107(2) of the Health Ombudsman Act 2013 (Qld), the respondent has behaved in a way that constitutes professional misconduct.
2. Pursuant to s 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is reprimanded.
3. There be no order as to costs.
The Tribunal directs that:
4. The parties file any application to vary the terms of the non-publication order made on 12 October 2018 and any submissions in support of such matters as to the de-identification of all or part of these reasons by 20 September 2019.
5. This decision including the reasons for the decision shall not be published other than to the parties, the Pharmacy Board of Australia and the Australian Health Practitioners Regulation Agency until 14 days after the making of any further decision.
CATCHWORDS:
PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – MEDICAL PRACTITIONERS – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT AND UNPROFESSIONAL CONDUCT – DEPARTURES FROM ACCEPTED STANDARDS – where pharmacist misappropriated Schedule 8 controlled drugs over a nine month period – where pharmacist’s admissions of misappropriation were misleading – where pharmacist admitted to self-administration after expert report provided – where pharmacist suffered from impairment at time of conduct and at time of initial Tribunal hearing – where subsequent evidence as to impairment provided – where pharmacist no longer registered – where admitted that pharmacist engaged in professional misconduct – whether pharmacist’s conduct amounts to professional misconduct – whether appropriate sanction was a reprimand – whether the sanction should include a further period of disqualification from re-applying – whether costs order appropriate
Health (Drugs & Poisons) Regulation 1996 (Qld) s 24
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 48, s 100, s 102Attorney-General v Bax (1999) 2 Qd R 9, cited
Health Care Complaints Commission v Ahmad [2015] NSWCATOD 103, cited
Health Care Complaints Commission v Do [2014] NSWCA 307, cited
Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630, cited
Legal Services Commissioner v Madden (No 2) [2008] QCA 301, cited
NSW Bar Association v Meakes [2006] NSWCA 340, cited
Ooi v Medical Board of Queensland [1997] 2 Qd R 176, cited
Pharmacy Board of Australia v The Registrant [2015] QCAT 477, citedAPPEARANCES & REPRESENTATION:
Applicant:
L J Marshall, instructed by the Office of the Health Ombudsman
Respondent:
Self-represented
REASONS FOR DECISION
The Health Ombudsman referred disciplinary proceedings to the tribunal comprising five charges of disciplinary misconduct against the respondent on 12 January 2017 pursuant to s…
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- Case
- [2019] QCAT 378
- Decision Date
CaseChat Overview and Summary
The Tribunal found that the pharmacist's conduct amounted to professional misconduct as it involved a significant departure from accepted standards of professional behaviour, particularly in relation to the handling of controlled substances. Given the pharmacist's admissions and the circumstances surrounding his impairment, the Tribunal concluded that a reprimand was a suitable sanction. However, the Tribunal did not consider it necessary to impose a further period of disqualification from re-applying for registration, as the pharmacist was already unregistered. Finally, the Tribunal decided against making a costs order, finding that the circumstances did not warrant such an imposition.
In summary, the Tribunal found that the pharmacist's actions constituted professional misconduct and ordered a reprimand. No further period of disqualification was imposed, and no order for costs was made. The Tribunal also directed that applications regarding the publication of the decision be filed by a specific date, and that the decision itself remain non-public until further decisions were made.
Orders
Orders of the court
The Tribunal orders that:
1. Pursuant to s 107(2) of the Health Ombudsman Act 2013 (Qld), the respondent has behaved in a way that constitutes professional misconduct.
2. Pursuant to s 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is reprimanded.
3. There be no order as to costs.
The Tribunal directs that:
4. The parties file any application to vary the terms of the non-publication order made on 12 October 2018 and any submissions in support of such matters as to the de-identification of all or part of these reasons by 20 September 2019.
5. This decision including the reasons for the decision shall not be published other than to the parties, the Pharmacy Board of Australia and the Australian Health Practitioners Regulation Agency until 14 days after the making of any further decision.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.