Health Ombudsman v GCV

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v GCV [2020] QCAT 30

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

GCV

(respondent)

APPLICATION NO/S:

OCR292-17

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

12 February 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President

Assisted by:
Ms M Armstrong
Mr J McNab
Dr V Thorley

ORDERS:

1. Pursuant to s 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 s 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is reprimanded.

3. Pursuant to s 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 9 years.

4. Pursuant to s 73(2)(a)(ii) of the Health Ombudsman Act 2013 (Qld), the interim prohibition order issued by the Health Ombudsman on 14 August 2015 is set aside.

5. Pursuant to s 107(4)(b) of the Health Ombudsman Act 2013 (Qld), the respondent is prohibited from providing any health service for a period of 9 years.

6.   Each party must bear the party’s own costs for the proceeding. 

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the applicant referred proceedings against the respondent following his conviction by way of his own pleas of guilty to guilty to one count of maintaining a sexual relationship with a child under 16 years, six counts of indecent treatment of a child under the age of 16, under care, and one count of sexual assault – where the respondent has been subject to an interim prohibition order since August 2015 – where the respondent surrendered his registration in 2016 – where the parties agree as to the facts – where the applicant seeks an order prohibiting the respondent from providing any health service for a period of between eight and ten years – where the respondent has expressed his willingness to comply with such an order – whether the proposed sanction is appropriate 

Health Ombudsman Act 2013 (Qld), s 73(2)(a)(ii), s 103(1)(a), s 104, s 107(2)(b)(iii), s 107(4)(b)
Health Practitioner Regulation National Law (Queensland), s 5

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 66(1)

Nursing and Midwifery Board of Australia v FH [2010] QCAT 675
Nursing and Midwifery Board of Australia v Dibbs [2015] QCAT 241

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 Act2009 (Qld)

REASONS FOR DECISION

1. The Director of Proceedings on behalf of the Health Ombudsman (“the applicant”) has referred a health service complaint against GCV[1] (“the respondent”) to the Tribunal pursuant to sections 103(1)(a) and 104 of the Health Ombudsman Act 2013 (Qld) (“HO Act”).  The applicant seeks a finding that the respondent has behaved in a way…