Health Ombudsman v King

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v King [2020] QCAT 284

PARTIES:

DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN

(applicant)

v

ANDREANA FRANCESCA KING

(respondent)

APPLICATION NO/S:

OCR061-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

13 May 2020 (ex tempore)

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member J Robertson

Assisted by:

Ms Mary Barnett
Ms Suzanne Harrop

Mr Stephen Lewis

ORDERS:

1.   In respect of Allegation 1, the respondent is found to have engaged in professional misconduct;

2. The respondent is reprimanded pursuant to s 107(3)(a) of the Health Ombudsman Act 2013 (Qld);

3. The respondent is disqualified from applying for registration as a registered health practitioner for a period of six months from the date of this order, pursuant to s 107(4)(a) of the Health Ombudsman Act 2013 (Qld); and

4.   Each party is to bear their own costs. 

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the respondent was convicted  of one count of fraud by dishonest application of her employer’s property, and one count of stealing as a public servant and three counts of possession of dangerous drugs – where the respondent had no prior regulatory notifications in Queensland – where the respondent agrees her actions breached the code of ethics for nurses in Australia – where the respondent has shown remorse – whether suspension is an appropriate sanction

Health Ombudsman Act 2013, s 103, s 104, s 107

Health Practitioner Regulation National Law (Queensland), s 5

Health Ombudsman v Mullins [2019] QCAT 339

Medical Board of Australia v Jansz [2011] VCAT 1026

REPRESENTATION:
Applicant:	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

1. The respondent was first registered as a nurse on 14 September 2009 and she surrendered her registration on 28 May 2019. She was born in September 1965, so is now 55 years of age. 

2. Pursuant to s 107 of the Act the applicant asks the Tribunal to find that the respondent has engaged in professional misconduct and seeks to have her reprimanded pursuant to s 107(3)(a) of the Act, and pursuant to s 107(4), an order that she be disqualified from applying for registration for a period of six months from today’s date.

3. The respondent has cooperated with police in relation to the criminal matters which are at the heart of these disciplinary proceedings, and with the regulator, and in these proceedings in which she has filed a short response to the applicant’s submission, I infer that the only issue she has is with the reprimanded to which I will return later. The parties have filed an agreed statement of facts. 

4. Relevantly, the respondent was employed as a registered nurse at the Cairns Base Hospital from June 2010 until 24 January 2017 when her employment was…