Health Ombudsman v Horton

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Horton [2021] QCAT 95

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

SCOTT ALEXANDER DAVID HORTON

(respondent)

APPLICATION NO/S:

OCR211-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

26 March 2021

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President

ORDERS:

1. Pursuant to section 113(1) of the Health Ombudsman Act 2013 (Qld), the Tribunal decides that, because of his conduct, the respondent poses a serious risk to persons.

2. Pursuant to section 113(4)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is permanently prohibited from providing any health service.

3. Pursuant to section 73(2)(a)(ii) of the Health Ombudsman Act 2013 (Qld), the Tribunal sets aside the decision on 23 August 2018 to issue an interim prohibition order.

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

CATCHWORDS:

PROFESSION AND TRADES – HEALTH CARE PROFESSIONALS – OTHER HEALTH CARE PROFESSIONALS – where the respondent was an unregistered health worker employed as an assistant in nursing at a nursing home – where the respondent stole sums of money from a patient – where the respondent was sentenced to imprisonment for offences of dishonesty – where the respondent has a criminal history of offences of dishonesty – whether the respondent poses a serious risk to persons – whether the Tribunal should make a prohibition order

Health Ombudsman Act 2013 (Qld), s 8, s 68, s 73, s 103, s 104, s 113, s 320G

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 100

REPRESENTATION:

Applicant:    The 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 Act 2009 (Qld).

REASONS FOR DECISION

Introduction

1. The Director of Proceedings on behalf of the Health Ombudsman (applicant) has referred a health service complaint against Scott Alexander David Horton (respondent) to the Tribunal pursuant to sections 103(1)(a) and 104 of the Health Ombudsman Act 2013 (Qld) (HO Act). At all relevant times, the respondent was an unregistered health practitioner. The applicant seeks that the Tribunal decide, pursuant to section 113(1) of the HO Act,[1] that because of the respondent’s conduct, he presents a serious risk to persons and that the Tribunal make a prohibition order pursuant to section 113(4) of the HO Act.

   [1]Now repealed, but still applicable to these proceedings because of the transitional provisions in section 320G of the HO Act.

   The applicant and his conduct

2. The respondent is aged in his mid-40’s.

3. The respondent completed a Certificate 3 in Indigenous Community Services and Primary Health Care at a TAFE college in 2001.

4. The respondent has a criminal history, mainly for offences of dishonesty, dating from 1997 through to at least late 2018. Since that time, he has been charged with further offences of dishonesty.

5. The conduct the subject of the referral occurred in 2017 when the respondent was employed as…