Health Ombudsman v Jonsson

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Jonsson [2023] QCAT 142

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

CLARA ISABELLA JOHANNA JONSSON

(respondent)

APPLICATIONNO/S:

OCR116-20

MATTERTYPE:

Occupational regulation matters

DELIVEREDON:

8 May 2023

DELIVEREDAT:

Brisbane

HEARINGDATE:

9 September 2021

DECISIONOF:

Judge Allen KC, Deputy President

Assisted by: Dr F Walden Dr D Bodnar Ms S Harrop

ORDERS:

1. Pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), as regards allegations 1 and 2, the Tribunal decides that the respondent has behaved in a way that constitutes professional misconduct.

2. Pursuant to s 107(2)(b)(ii) of the Health Ombudsman Act 2013 (Qld), as regards allegation 3, the Tribunal decides that the respondent has behaved in a way that constitutes unprofessional conduct.

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

4. Pursuant to s 107(3)(d) of the Health Ombudsman Act 2013 (Qld), the respondent’s registration is suspended for a period of 3 months, commencing one month after the date of the delivery of this decision.

5. Pursuant to s 107(3)(b) of the Health Ombudsman Act 2013 (Qld), a condition is

imposed    on    the    respondent’s    registration requiring the respondent, on her return to

practice, to submit to audits of her practice in the following terms:

i.     The respondent must submit to an audit of their practice (‘the audit’), including any supporting records, within 2 months of returning to practice and thereafter on a quarterly basis for a period of 2 years, by permitting an auditor (‘the auditor’) approved by the Medical Board of Australia (‘the Board’) to attend any and all places of practice (public and private) for the purpose of the audit and by permitting the auditor to provide a report in relation to the findings of the audit. The audit and the audit report are to focus on treatment of family members.

ii.   Within one month of returning to practice, the respondent must provide to the Australian Health Practitioners Regulation Authority (APHRA):

a.   nomination, on the approved form, of an auditor(s) to be approved by the Board;

b.   acknowledgement, on the approved form, that APHRA will seek reports from the approved auditor at the conclusion of each audit; and

c.    acknowledgement, on the approved form, from the nominated auditor.

iii.     Within 7 days of the notice of the approval of the nominated auditor, the respondent is to provide a written audit plan, from the approved auditor, outlining the form the audit(s) will take and how the areas of concern for the Board will be address. The audit(s) will take the form determined by the auditor.

iv.     In the event an approved auditor is no longer willing or able to provide the audit required, the respondent must notify APHRA within 14 days of becoming aware of this and provide a new nomination of a proposed auditor(s) to the Board in the same terms as the previous nomination of auditor(s).

v.   All costs associated with compliance with this condition are to be borne by…