Health Ombudsman v Gascard

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Gascard [2020] QCAT 264

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

LAUREN MICHELLE GASCARD

(respondent)

APPLICATION NO/S:

OCR226-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

25 March 2020 (ex tempore)

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member D J McGill SC

Assisted by:

Ms Harriet Barker
Dr Kim Forrester

Mr Ross Smith

ORDERS:

1.   The Tribunal decides that the respondent has behaved in a way that constituted professional misconduct, in that she engaged in conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience.

2.   The Tribunal reprimands the practitioner.

3.   The parties bear their own costs of this proceeding.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the respondent was an enrolled nurse – where the referral alleges professional misconduct – where the referral alleges boundary violation with a vulnerable patient – respondent no longer registered -whether sanction by reprimand warranted

Health Ombudsman Act 2013, s 103(1)(a), s 104

Health Ombudsman v Kimpton [2018] QCAT 405

Health Ombudsman v Wood [2019] QCAT 35
Medical Board of Australia v Blomeley [2014] QCAT 160 Medical Board of Australia v Wakelin [2014] QCAT 516
Nursing and Midwifery Board of Australia v Tainton [2014] QCAT 161

Psychology Board of Australia v GA [2014] QCAT 409

REPRESENTATION:
Applicant:	Director of Proceedings on behalf of the Health Ombudsman
Respondent:	Self-represented
APPEARANCES:	This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. This is a reference by the applicant of disciplinary proceedings against the respondent under the Health Ombudsman Act 2013, s 103(1)(a) and s 104. Under s 126 of that Act I constitute the Tribunal. I am sitting with assessors, Ms Barker, Dr Forrester and Mr Smith in accordance with the Act, s 126. Their function is to advise me in relation to questions of fact in s 127.

2. The respondent was a registered health practitioner for the purposes of the Health Practitioner Regulation National Law (Queensland) (National Law) being formerly an enrolled nurse. The applicant alleges that the respondent engaged in professional misconduct in a particular matter, in that she engaged briefly in a sexual relationship with a patient who was under her care at a medical centre. The respondent has not engaged with the Tribunal proceeding and no submissions have been received from her. It follows that she has not disputed any of the matters set out in the applicant’s statement of facts. Indeed, the essential parts of that statement are based on the respondent’s self-reporting.

Summary of the facts

1. After obtaining a Diploma of Nursing in 2014, the respondent was registered with the Board on 28 January 2015. During that year she was employed at a medical centre as an enrolled nurse. At that centre she dealt with a patient who was a…