QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Health Ombudsman v Kong [2020] QCAT 281
PARTIES: DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN (applicant)
v
COLIN KONG (respondent)
APPLICATION NO/S:
OCR266-19
MATTER TYPE:
Occupational regulation matters
DATE OF DECISION:
15 July 2020
DATE OF REASONS:
4 August 2020
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Judicial Member J Robertson
Assisted by:
Professor Roger Dooley
Ms Katarina FritzonMrs Fiona Petty
ORDERS: 1. Pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), the respondent has engaged in professional misconduct;
2. Pursuant to s 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is reprimanded;
3. Pursuant to s 107(3)(b) of the Health Ombudsman Act 2013 (Qld), the following conditions marked as “A” and attached to this order are imposed on the respondent’s registration; and
4. Each party bear their own costs.
CATCHWORDS: PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – PSYCHOLOGISTS – where respondent engaged in fraud – where respondent admitted professional misconduct – whether the respondent should have conditions placed on his registration
Criminal CodeAct 1995 (Cth) s 134, s 135
Health Ombudsman Act 2013 (Qld) s 107
Health Practitioner National Law 2009 (Queensland)
Health Ombudsman v Hardy [2018] QCAT 416
Health Ombudsman v Mutasa [2019] QCAT 315
Medical Board of Australia v Dolar [2012] QCAT 271
Medical Board of Australia v Jansz [2011] VCAT 1026
Nursing and Midwifery Board of Australia v Armstrong [2018] QCAT 382
Pharmacy Board of Australia v Hopkinson (Review and Regulation) [2018] VCAT 982Psychology Board of Australia v Nguyen (Occupational and Business Regulation) [2011] VCAT 2437
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
These disciplinary proceedings were referred to the Tribunal by the applicant on 31 July 2019 pursuant to ss 103(1) (a) and 104 of the Health Ombudsman Act 2013 (the Act).
At all relevant times, the respondent was registered under the Health Practitioner National Law 2009 (Qld) ( the National Law), as a psychologist with the Psychology Board (the Board); under the National Law as a Chinese Medicine Practitioner with the Chinese Medicine Board of Australia; a health service provider within the meaning of s 8(a) (i) of the Act, being a health practitioner under the National Law; and subject to the registration standards, codes and guidelines developed by the Board as to what constitutes appropriate professional conduct.
In hearing and deciding the matter, the Tribunal sits in its original jurisdiction pursuant to ss 9(2)(a) and 10(1)(b) of the Queensland Civil and Administrative Tribunal Act 2009 (the QCAT Act).
The primary guiding principle of the Act is that the health and safety of the public is paramount.[1]
[1]Section 4(1) of the Act
The conduct
The conduct at the heart of these proceedings is not in dispute. The referral contains 2 allegations…
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- Case
- [2020] QCAT 281
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Tribunal were whether the respondent’s actions constituted professional misconduct under the Health Ombudsman Act 2013 (Qld) and, if so, what conditions, if any, should be imposed on his registration. The Tribunal considered the respondent's admissions, the nature of his misconduct, and the potential impact of his actions on public trust and safety in the healthcare sector.
The Tribunal found that the respondent’s fraudulent activities and false claims did indeed constitute professional misconduct. It further determined that reprimanding the respondent and imposing specific conditions on his registration would serve to protect public interest and maintain professional standards. Conditions were thus imposed, which included requirements for ongoing professional development, regular reporting to the Health Ombudsman, and a probationary period. These conditions were designed to ensure that the respondent could safely return to practice while being closely monitored.
The Tribunal ordered that the respondent be reprimanded and that conditions be imposed on his registration. Each party was ordered to bear their own costs of the proceedings.
Orders
Orders of the court
1. Pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), the respondent has engaged in professional misconduct;
2. Pursuant to s 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is reprimanded;
3. Pursuant to s 107(3)(b) of the Health Ombudsman Act 2013 (Qld), the following conditions marked as “A” and attached to this order are imposed on the respondent’s registration; and
4. Each party bear their own 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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