Health Ombudsman v Corocher

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Corocher [2020] QCAT 47

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

SHAWN COROCHER

(respondent)

APPLICATION NO/S:

OCR315-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

5 February 2020 (ex tempore)

HEARING DATE:

5 February 2020

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President
Assisted by:
Ms Mary Barnett
Ms Jennifer Felton
Mr Stephen Lewis

ORDERS:

1. Pursuant to s 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. Pursuant to s 107(3)(e) of the Health Ombudsman Act 2013 (Qld), the respondent’s registration is cancelled.

3. Pursuant to s 107(4)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is disqualified from applying for registration as a health practitioner indefinitely.

4. Pursuant to s 73(2)(a)(ii) of the Health Ombudsman Act 2013 (Qld), the interim prohibition order issued by the Health Ombudsman on 31 August 2016 is set aside.

5. Pursuant to s 107(4)(b) of the Health Ombudsman Act 2013 (Qld), the respondent is permanently prohibited from providing any health service.

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

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the respondent was registered as an enrolled nurse – where the respondent was convicted of offences including multiple offences of dishonesty and was imprisoned – where the respondent dishonestly obtained money from vulnerable patients – where the respondent violated professional boundaries by accessing personal contact information of patients and contacting the patients – where the respondent showed no remorse for his offending – where the respondent’s conduct and criminal history of dishonesty shows a serious and repetitive pattern of serious dishonesty – whether the respondent should be permanently disqualified from registration as a health practitioner – whether the respondent should be permanently prohibited from providing any health service  

Evidence Act 1977 (Qld), s 79

Health Ombudsman Act 2013 (Qld), s 73, s 103, s 104, s 107

Health Practitioner Regulation National Law (Queensland), s 5

Craig v Medical Board of South Australia (2001) 79 SASR 545

Nursing and Midwifery Board of Australia v Jones (2017) SAHPT 4

APPEARANCES & REPRESENTATION
Applicant:	C Wilson instructed by the Office of the Health Ombudsman
Respondent:	Self-represented

REASONS FOR DECISION

1. The Director of Proceedings on behalf of the Health Ombudsman (“the applicant”) has referred a health service complaint against Shawn Corocher (“the respondent”) to the Tribunal pursuant to s 103(1)(a) and s 104 of the Health Ombudsman Act 2013 (Qld) (“HO Act”).  The applicant seeks a finding that the respondent has behaved in a way that constitutes professional misconduct and consequent orders for sanction. 

2. The respondent is 42 years of age. He was first registered as an enrolled nurse on 8 October 2007. On 27 August 2012, the Nursing and Midwifery Board took immediate action to suspend the respondent’s registration and it remains suspended. On 31 August 2016, the applicant made an…