Health Ombudsman v Kirk

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Kirk [2019] QCAT 301

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

PAUL KIRK

(respondent)

APPLICATION NO/S:

OCR176-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

13 September 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President

ORDERS:

1. Pursuant to s 113(1) of the Health Ombudsman Act 2013 (Qld), the Tribunal decides that, because of his conduct, the respondent poses a serious risk to persons.

2. Pursuant to s 73(2)(a)(ii) of the Health Ombudsman Act 2013 (Qld), the Tribunal sets aside the decision to issue the interim prohibition order on 14 September 2016.

3. Pursuant to s 113(4)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is permanently prohibited from providing any health service.

4.   Each party must bear their own costs of the proceeding. 

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – OTHER HEALTH CARE PROFESSIONALS – where the respondent was an unregistered health care professional – where the respondent provided a number of services out of his own home-based business including massage, acupuncture, counselling, psychotherapy, hypnotherapy, cognitive behavioural therapy and pain management – where the applicant instituted disciplinary proceedings against the respondent – where the respondent was convicted on his own plea of guilty of various sexual offences against patients who attended upon his business – where the parties agreed as to the facts – where there was no dispute between the parties that the appropriate order was that the respondent be permanently prohibited from providing any health service – whether the Tribunal should make an order permanently prohibiting the respondent from providing any health service

Health Ombudsman Act 2013 (Qld), s 8, s 103, s 113

REPRESENTATION:
Applicant:	The 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. This is a referral of a matter against Paul Kirk (“respondent”), pursuant to ss 103(1)(a) and 104 of the Health Ombudsman Act 2013 (Qld) (“HO Act”), by the Director of Proceedings on behalf of the Health Ombudsman (“applicant”). The applicant refers the matter for a prohibition order pursuant to section 113(1) and (4) of the HO Act.

2. The respondent is 55 years old, born on [redacted], and was formerly a non-registered therapist practising in hypno-psychotherapy and massage.  At the time of the relevant conduct, the respondent was self-employed. The respondent received various diplomas in hypnotherapy and psychotherapy in 2007 to 2009, and studied massage therapy in 2012. 

3. Throughout the course of the conduct, the respondent was operating a practice titled “Western Healing” at his homes in Warwick between 2005 and 2013 and, subsequently, Torquay until 2016. He advertised and provided a number of services including massage, acupuncture, counselling, psychotherapy, hypnotherapy, cognitive behavioural therapy and pain management. At all material times, the respondent was a health service provider not required to be registered…