Health Ombudsman v CSM

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v CSM [2020] QCAT 55

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

CSM

(respondent)

APPLICATION NO/S:

OCR046-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

12 February 2020 (ex tempore)

HEARING DATE:

12 February 2020

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President
Assisted by:
Ms Amara Bains
Ms Mary Barnett

Mr Stephen Lewis

ORDERS:

1. Pursuant to s 107(2)(b)(ii) 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)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is reprimanded.

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

4. Until further order, pursuant to s 66(1) of the Queensland Civil and Administrative Tribunal Act 2009(Qld), 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 could identify the respondent save as is necessary for the Office of the Health Ombudsman to provide information to the Australian Health Practitioner Regulation Agency in the exercise of the Health Ombudsman’s functions under the Health Ombudsman Act 2013(Qld).

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the respondent was an endorsed enrolled nurse – where the respondent stole drugs from her place of employment – where the respondent pleaded guilty to one count of stealing as a servant and one count of unlawful possession of restricted drugs – whether such conduct should be characterised as professional misconduct – what sanction should be imposed for professional misconduct – whether a non-publication order should be made prohibiting identification of the respondent

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

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

REASONS FOR DECISION

1. The Director of Proceedings, on behalf of the Health Ombudsman, (“the applicant”) has referred these disciplinary proceedings against CSM (“the respondent”) to the Tribunal pursuant to s 103(1)(a) and s 104 of the Health Ombudsman Act 2013 (Qld).

2. The applicant seeks a finding that the respondent has behaved in a way that constitutes professional misconduct and, by way of sanction, that the respondent be reprimanded.

3. The respondent has been served with the applicant’s referral, correspondence and supporting documentation but has not chosen to engage in these proceedings.

4. The respondent is a 30 year old former endorsed enrolled nurse.  She held registration as an endorsed enrolled nurse from 2008 until 31 May 2018 when she failed to renew her registration.  Her registration subsequently lapsed on 7…