QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Health Ombudsman v Franklin [2021] QCAT 186
PARTIES: HEALTH OMBUDSMAN (applicant)
v
TYSON BRYAN-ANTHONY FRANKLIN (respondent)
APPLICATION NO/S:
OCR190-20
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
28 May 2021 (ex tempore)
HEARING DATE:
28 May 2021
HEARD AT:
Brisbane
DECISION OF:
Judge Allen QC, Deputy President
Assisted by:
Ms Nadine Archibald
Mr Michael HallidayMrs Sharon Ritchey
ORDERS: 1. Pursuant to section 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 section 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the Tribunal reprimands the Respondent.
3. Pursuant to section 107(4)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is disqualified from applying for registration as a registered health practitioner for a period of four (4) years.
4. Each party bears their own costs of the proceeding.
CATCHWORDS: PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – OTHER HEALTH CARE PROFESSIONALS – where the respondent was a registered podiatrist – where the respondent was convicted of offences of accessing child pornography material and possessing child exploitation material – whether such conduct should be characterised as professional misconduct – what sanction should be imposed – what further period of preclusion from practice is required – whether respondent should be further prohibited from providing any health services
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 100
Craig v Medical Board of South Australia [2001] 79 SASR 545
Health Ombudsman v Creagh-Scott [2019] QCAT 69
Health Ombudsman v Mak [2019] QCAT 24Nursing and Midwifery Board of Australia v Buckley [2010] QCAT 392
APPEARANCES & REPRESENTATION:
Applicant:
C Lloyd of the Office of the Health Ombudsman
Respondent:
No appearance
REASONS FOR DECISION
Introduction
This is a referral of a matter against Tyson Bryan-Anthony Franklin (respondent), pursuant to sections 103(1)(a) and 104 of the Health Ombudsman Act 2013 (Qld) (HO Act), by the Director of Proceedings on behalf of the Health Ombudsman (applicant). The applicant seeks a finding that the respondent has behaved in a way that constitutes professional misconduct, and orders for sanction.
The respondent is 28 years old and was first registered as a podiatrist on 20 February 2017. The conduct the subject of the referral does not relate to conduct during the course of his practice as a podiatrist but, rather, to the commission of criminal offences relating to child exploitation material. The respondent was 25 years of age at the time of the conduct.
Respondent’s engagement in proceeding
The respondent has not chosen to engage in the proceeding, despite contact from the Office of the Health Ombudsman and their encouragement to do so. He has sent an email to the Tribunal prompted by such contact from the Office of the Health Ombudsman, stating:
To date, I have chosen to remain out of these discussions as I…
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- Case
- [2021] QCAT 186
- Decision Date
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