Health Ombudsman v Hoddle

The Queensland Civil and Administrative Tribunal (QCAT) was tasked with determining a disciplinary action against Peter James Hoddle, a registered osteopath, following his criminal convictions for sexual assault and rape. The Health Ombudsman, acting on behalf of the Director, sought a range of sanctions including a reprimand, cancellation of registration, and a period of disqualification from applying for re-registration as a health practitioner. The Health Ombudsman also argued for a prohibition on the respondent providing any health services until he obtained registration as a health practitioner.

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.