QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Health Ombudsman v Gillespie [2021] QCAT 54
PARTIES: HEALTH OMBUDSMAN (applicant)
v
DONALD ANTHONY GILLESPIE (respondent)
APPLICATION NO/S:
OCR139-19
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
23 February 2021 (ex tempore)
HEARING DATE:
23 February 2021
HEARD AT:
Brisbane
DECISION OF:
Judge Allen QC, Deputy President
Assisted by:
Ms Harriet Barker
Ms Sharyn HopkinsMr Michael Halliday
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. Each party must bear the party’s own costs for the proceeding.
CATCHWORDS:
PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the respondent is a registered nurse – where the respondent supplied temazepam to a 14 year old boy – whether such conduct should be characterised as professional misconduct –– what sanction should be imposed for professional misconduct – whether the Tribunal has power to make an order about the length of time a reprimand will remain recorded on the register – whether the Tribunal should make a recommendation as to the length of time a reprimand will remain recorded on the register
Health (Drugs and Poisons) Regulation 1996.
Health Ombudsman Act 2013 (Qld), s 103, s 104, s 107
Health Practitioner Regulation National Law (Queensland), s 5, s 196, s 224, s 225, s 226Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 6, s 9, s 100
Legal Services Commissioner v McLeod [2020] QCAT 371
APPEARANCES & REPRESENTATION:
Applicant:
L Nixon, Solicitor, Turks Legal
Respondent:
E Bassingthwaighte, Solicitor, Hall Payne Lawyers
REASONS FOR DECISION
Introduction
This is a referral of a health service complaint against Donald Anthony Gillespie (respondent) pursuant to sections 103 and 104 of the Health Ombudsman Act 2013 (Qld) (HO Act) by the Director of Proceedings on behalf of the Health Ombudsman (applicant). The referral alleges conduct by the respondent by providing temazepam to B, a 14 year old boy, outside of a health care setting, in circumstances where he knew B to be vulnerable. The parties have reached agreement as to the facts constituting the admitted conduct, that the conduct should be characterised as professional misconduct, and are agreed that an appropriate sanction consists of the respondent being reprimanded. There is an issue in dispute as to whether or not the Tribunal should further order the period during which a reprimand be recorded in the Register.
The respondent is 37 years of age and was aged 31 at the time of the conduct the subject of the referral. He has been registered to practice as a registered nurse since 10 March 2009. He has not previously been the subject of a complaint regarding his professional practice or disciplinary proceedings.
Background
The respondent…
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- Case
- [2021] QCAT 54
- Decision Date
CaseChat Overview and Summary
The final orders of the Tribunal were that Gillespie had behaved in a way that constituted professional misconduct, that he was reprimanded, and that each party bear their own costs of the proceedings. The decision highlights the importance of maintaining professional boundaries and the serious consequences that can result from breaching those boundaries.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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