QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Health Ombudsman v Hoddle [2022] QCAT 142
PARTIES:
director of proceedings on behalf of the health ombudsman (applicant)
v
Peter James hoddle (respondent)
APPLICATION NO/S:
OCR188-21
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
18 March 2022 (ex tempore)
HEARING DATE:
18 March 2022
HEARD AT:
Brisbane
DECISION OF:
Judge Dann, Deputy President
Assisted by:
Dr L Marry
Dr S Brown
P Davies CBEORDERS:
1. Pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act 2013 (HO Act), the respondent has behaved in a way that constitutes professional misconduct.
2. Pursuant to section 107(3)(a) of the HO Act, the respondent is reprimanded.
3. Pursuant to section 107(3)(e) of the HO Act, the respondent’s registration is cancelled.
4. Pursuant to section 107(4)(a) of the HO Act, the respondent is disqualified from applying for registration as a health practitioner for 8 years from the date of this order.
5. The respondent is prohibited from providing any health service until he obtains registration as a health practitioner
6. Each party bears its own costs of the proceedings.
CATCHWORDS:
PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – OTHER HEALTH CARE PROFESSIONALS – where the respondent registered osteopath was convicted after trial of two counts of sexual assault and two counts of rape in relation to a patient – where the respondent also provided massage and counselling services to patients – where the respondent has engaged in the proceedings but continues to deny the conduct the subject of the allegations and criminal conviction – where the respondent has shown no insight or remorse – where the applicant contends for an indefinite disqualification period – whether a finite or indefinite disqualification period should be imposed – whether the respondent should be prohibited from providing any other health services until obtaining registration as a health practitioner
Health Ombudsman Act 2013 s 4, 107,
Health Practitioner Regulation, National Law Act s 5
Brigginshaw v Brigginshaw (1938) 60 CLR 336
Health Care Complaints Commission v NG [2015] NSWCATOD 139
Health Ombudsman v Arora [2019] QCAT 200
Health Ombudsman v Asinas [2021] QCAT 306
Health Ombudsman v Chang [2022] QCAT 58
Health Ombudsman v DKM [2021] QCAT 50
Health Ombudsman v Duggirala [2021] QCAT 326
Medical Board of Australia v Griffiths (Review and Regulation) [2017] VCAT 822
APPEARANCES & REPRESENTATION:
Applicant:
C Templeton, instructed by the Office of the Health Ombudsman
Respondent:
F Carroll, solicitor at Premium Legal Solutions
REASONS FOR DECISION
Introduction
These disciplinary proceedings were referred to the Tribunal by the applicant Director on 28 June 2021. There is a statement of agreed and disputed facts signed by the legal representatives for both parties and dated 30 September 2021.
The respondent was, at all times material to the allegation the subject of the referral, a registered osteopath.
The respondent’s registration is currently suspended.[1] The respondent did not attend the hearing in person but was legally…
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- Case
- [2022] QCAT 142
- Decision Date
CaseChat Overview and Summary
The Tribunal found that the respondent's conduct constituted professional misconduct as it was substantially below the standard reasonably expected of a registered health practitioner and was inconsistent with him being a fit and proper person to hold registration. The Tribunal accepted the submissions that the respondent's conduct was egregious, particularly due to the vulnerability of the victim, the protracted and serious nature of the offences, and the respondent's denial of the conduct and lack of remorse. The Tribunal considered various authorities and comparatives in determining the appropriate sanction. It ultimately decided on an 8-year disqualification period, reflecting the seriousness of the conduct and the lack of any evidence of rehabilitation, insight or remorse. The Tribunal also ordered that the respondent should not provide any health services until he obtained registration as a health practitioner. Each party was ordered to bear its own costs of the proceedings.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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