Health Ombudsman v Jamieson

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CITATION:

The Health Ombudsman v Jamieson [2017] QCAT 172

PARTIES:

The Health Ombudsman
(Applicant)

v

Stepheny Eliza Jamieson

(Respondent)

APPLICATION NUMBER:

OCR228-16

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Hon J B Thomas AM QC, Judicial Member
Assisted by:
Mr Michael Halliday
Ms Ibi Patane
Ms Jocelyn Toohill

DELIVERED ON:

5 June 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   A finding is recorded that the respondent on 15 July 2014 engaged in professional misconduct and that she engaged in unprofessional conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience;

2.   The respondent is reprimanded;

3.   It is ordered that there be no order for costs.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – MEDICAL PRACTITIONERS – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT AND UNPROFESSIONAL CONDUCT – DEPARTURE FROM ACCEPTED STANDARDS – where respondent practitioner stole three boxes of antibiotics from her place of employment – where the practitioner used the antibiotics to treat her son’s recurrent medical condition – where the respondent was convicted of 1 count of stealing as a servant in the Magistrates Court in relation to that conduct – where no conviction recorded in respect of that charge – where respondent failed to notify the National Board of that charge – where respondent made a false declaration when renewing her registration in respect of that charge – where respondent believed she did not need to disclose the charge as no conviction was recorded – whether the practitioner engaged in professional misconduct or unprofessional conduct – whether reprimand is an appropriate sanction – whether an order as to costs should be made

Health Ombudsman Act 2013 (Qld) ss 97, 103(1)(a), 104, 107
Health Practitioner Regulation National Law Act 2009 (Qld) ss 5, 130(1), 130(3)(a)(i)
Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 10, 16, 32

Health Ombudsman v Antley [2016] QCAT 472
Health Ombudsman v Macdonald [2016] QCAT 473

This matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’).

REASONS FOR DECISION

Jurisdiction

  1. This is a disciplinary proceeding against a former registered nurse.

  2. The incident that led to the proceeding occurred in 2014 when the respondent stole three boxes of antibiotics at Herberton Hospital where she worked.

  3. The proceeding is a referral under section 103(1)(a) of the Health Ombudsman Act 2013 (‘HO Act’) by the Health Ombudsman director of proceedings. This means that it is a proceeding in QCAT’s original jurisdiction under the QCAT Act.[1]

    [1]HO Act s 104(1); QCAT Act ss 10, 16.

  4. Section 97 of the HO Act requires the Tribunal to be constituted by a judicial member, and division 6 of the QCAT Act requires assessors to be appointed to assist the Tribunal.

  5. The decisions in orders that may be made are those stated in sections 107(2) and 107(3) of the HO Act.

Charges

  1. There are three charges,…

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Details
Case
[2017] QCAT 172
Decision Date

CaseChat Overview and Summary

In the matter of Health Ombudsman v Jamieson, the respondent, a medical practitioner, was found to have stolen three boxes of antibiotics from her workplace. She used these stolen antibiotics to treat her son's ongoing medical issues. Although the respondent was convicted in the Magistrates Court of stealing as a servant, the conviction was not recorded. Additionally, she failed to inform the National Board of this charge and provided a false declaration when renewing her registration regarding the same charge. The respondent believed that she did not need to disclose the charge due to the absence of a recorded conviction.

The central legal issues before the court were whether the respondent's actions constituted professional misconduct or unprofessional conduct, and if so, what appropriate sanctions should be imposed. Specifically, the court needed to determine if a reprimand was suitable, and whether an order for costs should be made. The respondent argued that her actions did not warrant professional sanctions given the personal nature of the theft and the absence of a recorded conviction.

The court found that the respondent's conduct was a significant departure from accepted standards of professional behaviour. Despite the absence of a recorded conviction, the court held that the respondent's actions constituted professional misconduct and unprofessional conduct. The court considered the respondent's personal circumstances and her previous unblemished record but emphasised the importance of maintaining public trust in the medical profession. Consequently, the court issued a reprimand to the respondent and decided against making an order for costs.

Orders

Orders of the court

1. A finding is recorded that the respondent on 15 July 2014 engaged in professional misconduct and that she engaged in unprofessional conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience;

2. The respondent is reprimanded;

3. It is ordered that there be no order for costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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