QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Health Ombudsman v Haack [2020] QCAT 285
PARTIES: DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN (applicant)
v
MANDY LOUISE HAACK (respondent)
APPLICATION NO/S:
OCR264-19
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
3 June 2020 (ex tempore)
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Judicial Member J Robertson
Assisted by:
Ms Harriet Barker
Ms Mary BarnettMr Bradley Thomas
ORDERS: 1. The respondent has engaged in professional misconduct;
2. The respondent is reprimanded;
3. Each party bear their own costs.
CATCHWORDS: PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where respondent stole drugs from patient in course of her employment – where a conviction was not recorded – professional misconduct – where the respondent did not notify the Board within 7 days of the relevant event – where the respondent fully cooperated with the Board – whether sanction appropriate
Health Ombudsman Act 2013
Health Practitioner Regulation National Law (Queensland)
REPRESENTATION:
Applicant:
Director of Proceedings on behalf of the Health Ombudsman
Respondent:
Hall Payne Lawyers
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
The applicant director referred these disciplinary proceedings to the Tribunal on 31 July 2019, pursuant to ss 103(1)(a) and 104 of the Health Ombudsman Act 2013 (the Act). The parties have filed an agreed statement of facts, and although each has filed submissions, both agree as to the appropriate characterisation of the respondent’s admitted conduct and the sanction to be imposed.
As a matter of principle, this Tribunal will only depart from the agreed position of the parties where the sanction proposed falls outside the range of appropriate disciplinary responses to the proved conduct. This reflects the important public policy principle, particularly relevant in proceedings of this nature, which are protective and not punitive, that to depart from an agreed position of the parties to resolve the proceedings, particularly here where the respondent is legally represented by solicitors who regularly practice in this jurisdiction, is to inappropriately discourage proper negotiations between parties, leading to an agreed position, and to conversely encourage unnecessarily prolonged and expensive litigation, which is not in the public interest.
The agreed facts
At all relevant times, the respondent was a registered nurse. She obtained a Bachelor of Nursing in 2002. She was 54 years of age at the time of the agreed conduct, the subject of these proceedings, and is now 56 years of age. She was a health practitioner, and a health service provider, pursuant to the relevant definitions in s 5 of the Health Practitioner Regulation National Law (Queensland) (National Law).
The respondent was contracted through a nursing agency on a casual basis. On 22 November 2018, she was contracted to work a shift as a registered nurse at the Princess Alexandra Hospital…
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- Case
- [2020] QCAT 285
- Decision Date
CaseChat Overview and Summary
The court examined the facts of the case, including the respondent's failure to notify the Board within the specified timeframe. While the court acknowledged that the respondent fully cooperated with the Board and did not have a prior history of misconduct, it found that the theft of drugs from a patient constituted professional misconduct. The court emphasised the importance of maintaining the integrity of the healthcare system and the need for healthcare professionals to adhere to the highest standards of conduct. Consequently, the court concluded that the respondent's actions warranted a reprimand, and that this was an appropriate sanction in the circumstances.
Ultimately, the court found that the respondent had indeed engaged in professional misconduct and ordered that she be reprimanded. The court also determined that each party should bear their own costs associated with the proceedings. This decision underscores the importance of healthcare professionals maintaining the highest standards of conduct and the consequences that can follow when those standards are breached.
Orders
Orders of the court
1. The respondent has engaged in professional misconduct;
2. The respondent is reprimanded;
3. Each party bear their own costs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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