Health Ombudsman v Field - [2019] QCAT 243

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Field [2019] QCAT 243

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

DAVID WILLIAM FIELD

(respondent)

APPLICATION NO/S:

OCR053-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

2 September 2019

HEARING DATE:

6 November 2018

HEARD AT:

Brisbane

DECISION OF:

Judge Sheridan

Assisted by:

Ms N Alexander

Mr M Halliday

Mr S Lewis

ORDERS:

Pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act2013 (Qld), Mr Field has behaved in a way that constitutes professional misconduct.1.

Pursuant to s 107(3)(e) of the Health Ombudsman Act2013 (Qld), Mr Field’s registration is cancelled, effective from the date hereof.2.

Pursuant to s 107(4)(a) of the Health Ombudsman Act2013 (Qld), Mr Field is disqualified from applying for registration for a period of one year, from the date hereof.3.

There be no order as to costs.4.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS - where the practitioner was charged and convicted of criminal offences – where the practitioner failed to disclose the charges and convictions to the Nursing and Midwifery Board of Australia –where the practitioner declined to participate in the referral proceedings - whether the registration of the practitioner should be cancelled – whether a period of disqualification from re-applying should be imposed

Criminal Code 1889 (Qld) s 75
Explosives Act 1999 (Qld) s 11
Health Ombudsman Act 2013 (Qld) s 103, s 104, s 107
Health Practitioner Regulation National Law (Queensland) s 5, s 130, s 222
Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 92, s 93
Weapons Act 1990 (Qld) s 50, s 58

Clyne v New South Wales Bar Association (1960) 104 CLR 186, cited
Ex parte Tziniolis; Re Medical Practitioners’ Act (1966) 67 SR (NSW) 448, cited
Health Care Complaints Commission v King [2013] NSWMT 9, cited
Health Ombudsman v Antley [2016] QCAT 472, cited
McBride v Walton [1994] NSWCA 199, cited
Medical Board of Australia v Dolar [2012] QCAT 271, cited
Medical Board of Australia v Feeney [2012] QCAT 330
Medical Board of Australia v Moodley, [2014] QCAT 476, cited
New South Wales Bar Association v Evatt (1968) HCA 20, 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.

APPEARANCES & REPRESENTATION:

Applicant:

Mr M Price of the Office of the Health Ombudsman

Respondent:

No appearance

REASONS FOR DECISION

The Referral

The current proceedings arise out of disciplinary matters referred to the tribunal on behalf of the Health Ombudsman against the respondent, Mr Field, pursuant to s 103(1)(a) and s 104 of the Health Ombudsman Act 2013 (Qld) (HO Act). The referral was filed on 28 February 2018.

QCAT is the responsible tribunal with jurisdiction to hear and decide the matter in accordance with s 104 of the HO Act.

There are two charges the subject of the referral. The charges arise from Mr…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2019] QCAT 243
Decision Date: 2 September 2019

CaseChat Overview and Summary

The Health Ombudsman filed proceedings against Mr Field, a registered nurse, in the Queensland Civil and Administrative Tribunal, seeking disciplinary action against his nursing registration. The case arose from Mr Field's failure to disclose criminal convictions to the Nursing and Midwifery Board of Australia, which he was legally required to do. Additionally, Mr Field had refused to participate in the referral process offered by the Board, further compounding the concerns about his fitness to practice.

The Tribunal was tasked with determining whether Mr Field's conduct amounted to professional misconduct under the Health Ombudsman Act 2013 (Qld). Specifically, it had to consider if the failure to disclose criminal convictions and the refusal to engage in the referral process warranted the cancellation of his registration and a period of disqualification from re-applying for registration. The central issue was whether Mr Field's actions demonstrated an unacceptable level of professional behaviour, thereby justifying severe disciplinary measures.

The Tribunal found that Mr Field's failure to disclose his criminal convictions and his refusal to participate in the referral process constituted professional misconduct. These actions indicated a disregard for the standards expected of a registered nurse and a lack of willingness to address the underlying issues that led to his criminal convictions. Consequently, the Tribunal concluded that Mr Field's registration should be cancelled, effective immediately, and that he should be disqualified from applying for registration for a period of one year. The decision highlighted the importance of transparency and accountability in the nursing profession, particularly in relation to criminal history and professional conduct.

The Tribunal's final orders were that Mr Field's registration as a nurse was cancelled effective immediately, and he was disqualified from applying for registration for one year. There was no order as to costs. This decision underscored the serious consequences that can arise from failing to adhere to professional standards and legal obligations in the health care sector.

Orders

Orders of the court

Pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), Mr Field has behaved in a way that constitutes professional misconduct.1.

Pursuant to s 107(3)(e) of the Health Ombudsman Act 2013 (Qld), Mr Field’s registration is cancelled, effective from the date hereof.2.

Pursuant to s 107(4)(a) of the Health Ombudsman Act 2013 (Qld), Mr Field is disqualified from applying for registration for a period of one year, from the date hereof.3.

There be no order as to costs.4.

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.

CITATION:	Health Ombudsman v Field [2019] QCAT 243
PARTIES:	HEALTH OMBUDSMAN (applicant) v DAVID WILLIAM FIELD (respondent)
APPLICATION NO/S:	OCR053-18
MATTER TYPE:	Occupational regulation matters
DELIVERED ON:	2 September 2019
HEARING DATE:	6 November 2018
HEARD AT:	Brisbane
DECISION OF:	Judge Sheridan Assisted by: Ms N Alexander Mr M Halliday Mr S Lewis
ORDERS:	*Pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act2013* (Qld), Mr Field has behaved in a way that constitutes professional misconduct.1. Pursuant to s 107(3)(e) of the Health Ombudsman Act2013 (Qld), Mr Field’s registration is cancelled, effective from the date hereof.2. Pursuant to s 107(4)(a) of the Health Ombudsman Act2013 (Qld), Mr Field is disqualified from applying for registration for a period of one year, from the date hereof.3. There be no order as to costs.**4.
CATCHWORDS:	PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS - where the practitioner was charged and convicted of criminal offences – where the practitioner failed to disclose the charges and convictions to the Nursing and Midwifery Board of Australia –where the practitioner declined to participate in the referral proceedings - whether the registration of the practitioner should be cancelled – whether a period of disqualification from re-applying should be imposed Criminal Code 1889 (Qld) s 75 Explosives Act 1999 (Qld) s 11 Health Ombudsman Act 2013 (Qld) s 103, s 104, s 107 Health Practitioner Regulation National Law (Queensland) s 5, s 130, s 222 Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 92, s 93 Weapons Act 1990 (Qld) s 50, s 58 Clyne v New South Wales Bar Association (1960) 104 CLR 186, cited Ex parte Tziniolis; Re Medical Practitioners’ Act (1966) 67 SR (NSW) 448, cited Health Care Complaints Commission v King [2013] NSWMT 9, cited Health Ombudsman v Antley [2016] QCAT 472, cited McBride v Walton [1994] NSWCA 199, cited Medical Board of Australia v Dolar [2012] QCAT 271, cited Medical Board of Australia v Feeney [2012] QCAT 330 Medical Board of Australia v Moodley, [2014] QCAT 476, cited New South Wales Bar Association v Evatt (1968) HCA 20, 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.
APPEARANCES & REPRESENTATION:
Applicant:	Mr M Price of the Office of the Health Ombudsman
Respondent:	No appearance