Health Ombudsman v Kootval

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Kootval  [2020] QCAT 488

PARTIES:

DIRETOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN

(applicant)

v

MAJID KOOTVEL

(respondent)

APPLICATION NO/S:

OCR003-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

18 December 2020

HEARING DATE:

18 December 2020

HEARD AT:

Brisbane

DECISION OF:

Judicial Member D J McGill SC,

Assisted by:
Dr P Bowden,
Dr P Marshall,
Ms W Grigg.

ORDERS:

1.   The conduct of the respondent the subject of allegations one and two in the referral amounted to professional misconduct, and the conduct the subject of allegation three in the referral amounted to unprofessional conduct;

2.   The respondent is reprimanded;

3.   The respondent is disqualified from applying for registration as a health practitioner for a period of six months. 

4.   The parties are to bear their own costs.  

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – DENTISTS – DISCIPLINARY PROCEEDINGS – dentist stealing from employer - making fraudulent claim on insurer, which was not paid – criminal convictions – charges and convictions not reported to AHPRA – characterisation of conduct – professional misconduct - registration not renewed – now registered overseas – sanction.

Health Ombudsman Act 2013 s 103, 104, 107.

Health Ombudsman v Chaffey [2020] QCAT 54
Health Ombudsman v Henson [2020] QCAT 72
Medical Board of Australia v Chandra [2014] QCAT 271
Medical Board of Australia v Montero [2015] QCAT 316
Nursing and Midwifery Board of Australia v Everett [2018] QCAT 344
Nursing and Midwifery Board of Australia v Hawthorne [2018] VCAT 890

APPEARANCES & REPRESENTATION:
Applicant:	C Templeton instructed by the Office of the Health Ombudsman
Respondent:	Self-represented

REASONS FOR DECISION

1. This is a reference by the applicant of disciplinary proceedings against the respondent under the Health Ombudsman Act 2013 (“the Act”) s 103(1)(a), s 104. In accordance with the Act, I am sitting with assessors Dr Petrina Bowden, Dr Peter Marshall, and Ms Wendy Grigg.[1] The respondent was a registered health practitioner for the purposes of the Health Practitioner Regulation National Law (Qld) (“the National Law”), being a dentist. The applicant alleges that the respondent engaged in professional misconduct, in that he was convicted of offences of stealing and attempted fraud, and that he failed to notify the Board of these and another charge, and of the convictions.

   [1]Health Ombudsman Act 2013 s 126; see s 127 for their function.

2. The parties have provided the Tribunal with an agreed statement of facts. The respondent, who has not been legally represented in these proceedings, essentially admits the grounds alleged, but disputed that the conduct in question amounted to professional misconduct. The parties have provided written submissions to the Tribunal,[2] and there was a brief oral hearing, with the respondent appearing by telephone from the United Kingdom, during which he stressed his remorse for the offending, and that he was attempting to atone by being a good dentist.

   [2]The applicant has also filed an affidavit, as well as an agreed bundle of documents.

3. The Tribunal accepts…