Health Ombudsman v Franklin

Tyson Bryan-Anthony Franklin, a registered podiatrist, was referred to the Queensland Civil and Administrative Tribunal by the Health Ombudsman for findings of professional misconduct and orders for sanction. The referral was based on the respondent's conviction for accessing child pornography and possessing child exploitation material. The Health Ombudsman sought a finding of professional misconduct and orders for sanction, including a disqualification from applying for registration as a health practitioner and a prohibition on providing health services until such time as the respondent obtains registration as a podiatrist under the National Law or a corresponding law of a State or Territory of Australia. The respondent did not engage in the proceeding, despite contact from the Office of the Health Ombudsman and their encouragement to do so. The Tribunal found that the respondent's criminal offending constituted professional misconduct. The Tribunal also found that the respondent's serious professional misconduct required denunciation by the Tribunal and, pursuant to section 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the Tribunal reprimanded the respondent. The Tribunal decided that a total period of preclusion from practice of about six years was an appropriate order for sanction in this matter. Pursuant to section 107(4)(a) of the HO Act, the respondent is disqualified from applying for registration as a registered health practitioner for a period of four years. The Tribunal did not make an order, pursuant to section 107(4)(b) of the HO Act, prohibiting the respondent from providing any health service until such time as the respondent obtains registration as a podiatrist under the National Law or a corresponding law of a State or Territory of Australia. The Tribunal ordered that each party bear their own costs of the proceeding.