Health Ombudsman v Jones

[2025] QCAT 45

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Jones [2025] QCAT 45

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

NIGEL FRANCIS JONES

(respondent)

APPLICATION NO:

OCR171-22

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

24 February 2025

Amended on 6 June 2025

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member Murphy SC
Assisted by:
Dr G Nielson, Pharmacist Panel Assessor
Ms J Feeney, Pharmacist Panel Assessor

Mr M Halliday, Public Panel Assessor

ORDERS:

1.     Pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld) (‘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)(d) of the HO Act, the respondent’s registration is suspended for a period of four (4) months.

4. Pursuant to section 107(3)(b) of the HO Act, the following conditions are imposed on the respondent’s registration:

(a)     The respondent must, upon returning to practice following the period of suspension, undergo a period of mentoring for at least two (2) hours each month for a period of twelve (12) months.

(b)     The mentoring must be face to face (which includes by way of Microsoft Teams or similar) and focus on ethical dispensing and decision-making.

(c)     The respondent must nominate, for approval by the Pharmacy Board of Australia (‘Board’), a mentor who is a senior pharmacist practising in an accredited pharmacy. The mentor must provide a written report to the Board every three (3) months and upon completion of the mentoring period.

(d)     The respondent must, within twelve (12) months of these conditions commencing, complete and achieve a pass mark for the course, Ethics and Dispensing in Pharmacy Practice – run by the Pharmaceutical Society of Australia or if not available, another similar course approved by the Board.

(e)     At completion of the course, the respondent must submit to the Board documentary evidence certifying his completion of it.

(f)      The respondent is responsible for paying all costs associated with compliance of these conditions.

(g)     The respondent must not practise as a principal or owner of a pharmacy.

5. Part 7, Division 11, Subdivision 2 of the Health Practitioner Regulation National Law (Queensland) applies to the conditions imposed by this decision.

6.     The review period for the above conditions is twelve (12) months from the date of this order.

7.     There be no order as to costs.

8.     The existing non-publication order made by the Tribunal on 29 July 2022 remains in place.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – PHARMACEUTICAL CHEMISTS – DISCIPLINARY PROCEEDINGS – MISCONDUCT IN A PROFESSIONAL RESPECT – where the respondent pharmacist admitted to unlawfully supplying Schedule 4 drugs to patients over an approximate two-year period – where pharmacist admitted to unlawfully supplying Schedule 8 drugs to patients over an approximate two-year period – where the conduct constitutes ‘professional misconduct’ – where the parties agreed on the classification of the conduct and sanction – whether the agreed sanctions are appropriate