Health Ombudsman v Euston (No. 2)

QUEENSLAND CIVIL AND 
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Euston (No. 2)[2019] QCAT 258

PARTIES:

Health Ombudsman

(applicant)

v

gregory scott euston

(respondent)

APPLICATION NO/S:

OCR238-16

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

6 September 2019

HEARING DATE:

26 April 2019

HEARD AT:

Brisbane

DECISION OF:

Sheridan DCJ

Assisted by: 
Dr T Chamberlain
Dr H Moudgil
Mr P Zimon

ORDERS:

1. 1. Pursuant to s 107(2) of the Health Ombudsman Act2013 (Qld), the Tribunal finds Dr Euston has behaved in a way that constitutes professional misconduct.

2. 2. Pursuant to s 107(3)(a) of the Health Ombudsman Act2013 (Qld), Dr Euston is reprimanded.

3. 3. Pursuant to s 107(3)(c) of the Health Ombudsman Act2013 (Qld), Dr Euston is to pay a fine of $30,000 to the Health Ombudsman to be paid within 28 days of the date of this order, or such other time as may be agreed between the parties.

4.   4.   There be no order for costs.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – MEDICAL PRACTITIONERS – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT AND UNPROFESSIONAL CONDUCT – CONVICTION OF OFFENCE – where respondent pleaded guilty to four counts of supply and three counts of possession of a dangerous drug in the Supreme Court of Queensland –– where respondent admitted criminal convictions amounted to professional misconduct – where Tribunal accepted respondent’s evidence – where disagreement as to sanction – whether the registration of the respondent should be suspended

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – MEDICAL PRACTITIONERS – DISCIPLINARY PROCEEDINGS – OTHER MATTERS – where applicant made application for costs – where respondent sought no order as to costs – whether interests of justice required the making of an order for costs  

Drugs Misuse Act 1986 (Qld) s 6, s 8

Health Ombudsman Act 2013 (Qld) s 107

Health Practitioner Regulation National Law (Queensland) s 5

Queensland Civil and Administrative Tribunal Act 2009 s 100, s 102

Ex parte Tziniolis; re Medical Practitioners Act (1966) 67 SR (NSW) 448, cited

Healthcare Complaints Commission v King [2013] NSWMT 9, cited

McBride v Walton [1994] NSWCA 199, cited

Medical Board of Australia v Wong [2017] QCA 42, cited

Nursing and Midwifery Board of Australia v Seijbel-Chocmingkwan [2015] QCAT 283, cited

Ooi v Medical Board of Queensland [1997] 2 Qd R 176, cited

Ralacom Pty Ltd v Body Corporate for Paradise Island Apartments (No 2) [2010] QCAT 412, cited

APPEARANCES & REPRESENTATION:

Applicant:

KA McMillan QC instructed by the office of the Health Ombudsman

Respondent:

C Wilson instructed by Synkronos Legal

REASONS FOR DECISION

1. [1] By its decision dated 21 December 2018, the Tribunal gave its finding in respect of the three charges the subject of the referral. The charges arose from Dr Euston having been charged and subsequently convicted of offences of possession and supply of dangerous drugs pursuant to s 6 and s 9 of the Drugs Misuse Act 1986 (Qld) and Dr Euston dealing with the regulators subsequent to…