Health Ombudsman v HSK

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v HSK [2018] QCAT 419

PARTIES:

HEALTH OMBUDSMAN
(applicant)

v

HSK

(respondent)

APPLICATION NO/S:

OCR029-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

19 December 2018

HEARING DATE:

12 December 2018

HEARD AT:

Brisbane

DECISION OF:

Judge Sheridan, Deputy President

Assisted by:
Ms M Barnett
Mr S Lewis
Professor M Lupton

ORDERS:

1. Pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), the Tribunal finds HSK has behaved in a way that constitutes professional misconduct.

2. Pursuant to s 107(3)(a) of the Health Ombudsman Act 2013 (Qld), HSK is reprimanded.

3.   Each party bears their own costs.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY MATTERS – where the respondent nurse engaged in boundary violations with two former patients – where the respondent was suffering from an unmanaged mental health condition at the time of the misconduct – where the respondent made full admissions and fully cooperated in the investigation and proceedings – where the respondent admitted professional misconduct – where the respondent was subject to conditions following immediate action imposed by the Health Ombudsman and subsequent investigations by the Nursing and Midwifery Board – where further ethical training and psychotherapy undertaken voluntarily by the respondent – where the parties have an agreed position on sanction – whether the sanction proposed is appropriate

Health Ombudsman Act 2013 (Qld), s 103(1)(a), s 104, s 107(2)(b)(iii), s 107(3)(a)
Health Practitioner Regulation National Law (Queensland), s 5

Nursing and Midwifery Board of Australia v Evans [2016] QCAT 77
Peeke v Medical Board of Victoria [1994] VicSC 7

APPEARANCES & REPRESENTATION:

Applicant:

M Price for the Office of the Health Ombudsman

Respondent:

J Allen QC instructed by Hall Payne Lawyers

REASONS FOR DECISION

Background

1. On 31 January 2018, the Health Ombudsman referred to the Queensland Civil and Administrative Tribunal disciplinary proceedings against the respondent pursuant to s 103(1)(a) and s 104 of the Health Ombudsman Act 2013 (Qld) (HO Act) (the referral proceedings).

2. These proceedings progressed through the tribunal with related review proceedings (the review proceedings) filed in the tribunal by the respondent on 20 July 2018.  In those proceedings, the respondent had applied for review of a decision of the Nursing and Midwifery Board of Australia (Board) to impose conditions on her registration after she was assessed as having a health impairment.  An order was sought to set aside the decision of the Board.

3. The tribunal in these proceedings is asked only to deal with the conduct aspect of the matter. 

4. The primary offending conduct relates to boundary violations which occurred over the space of three days in relation to two former patients of the respondent.

5. There are no factual issues in dispute between the parties, and the matter proceeded before the tribunal by way of a statement of agreed facts and joint submissions on sanction.

   The referral

6. The referral alleges that the respondent engaged in two instances of conduct…