Health Ombudsman v DKM

The applicant, the Health Ombudsman, instituted disciplinary proceedings against the respondent, a former registered medical practitioner, in the Queensland Civil and Administrative Tribunal. The respondent was convicted in 2015 of maintaining a sexual relationship with a child under 16 years of age. The applicant referred the respondent to the Tribunal pursuant to sections 103(1)(a) and 104 of the Health Ombudsman Act 2013 (Qld) (HO Act). The referral particularised three charges. Charge 1 related to the respondent’s conviction for the offence of maintaining a sexual relationship with a child under 16 years. Charge 2 alleged breaches of section 130 of the Health Practitioner Regulation National Law (Queensland) (National Law) by failure to notify the Medical Board of Australia (Board) of relevant events of being charged with criminal offences and being convicted of a criminal offence. Charge 3 alleged a false statement on renewal of registration in 2014, contrary to section 109 of the National Law. It was for the Tribunal to determine whether such charges were made out, whether such conduct as was proved should be characterised as professional misconduct or unprofessional conduct and what, if any, sanction should be imposed for such professional misconduct or unprofessional conduct that was proved. The Tribunal was satisfied that the respondent’s conviction for maintaining a sexual relationship with a child under 16 years constituted professional misconduct. The Tribunal was also satisfied that the respondent had behaved in a way that constituted unprofessional conduct in that the respondent failed to notify the Board of being charged with criminal offences and being convicted of a criminal offence and that the respondent made a false statement on renewal of his registration as a medical practitioner. The Tribunal decided, pursuant to section 107(4)(a) of the HO Act, that the respondent was disqualified from applying for registration as a registered health practitioner indefinitely.