Health Ombudsman v Kumar

Case [2024] QCAT 132

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION: Health Ombudsman v Kumar [2024] QCAT 132
PARTIES:
HEALTH OMBUDSMAN
(applicant)
v
PRAVEEN KUMAR
(respondent)
APPLICATION NO/S: No. OCR 226 of 2022
MATTER TYPE: Occupational regulation matters
DELIVERED ON: 8 April 2024
22 May 2024 (ex tempore)
HEARING DATEs: 16, 18–19, 23–27 October, 27 November, 12 December 2023 & 22 May 2024
HEARD AT: Brisbane
DECISION OF: Judicial Member Murphy SC
Professor P Baker, Medical Practitioner Panel Member
Dr J S Phipps, Medical Practitioner Panel Member
Ms C Ashcroft, Public Panel Member
ORDERS:

8 April 2024:

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

2.       As to sanction:

(a)     Oral submissions by the parties or their legal representatives will be heard by the Tribunal at 10:00am on 22 May 2024.

(b)     The parties or their legal representatives shall file by email to Associate.DannJDC@courts.qld.gov.au, and serve by contemporaneous backcopy to the other party and their legal representative, a written outline of submissions and authorities relied upon, according to the following timetable:

(i)        the applicant, no later than 4:00pm on 8 May 2024; and

(ii)      the respondent, no later than 4:00pm on 15 May 2024.

22 May 2024:

1. Pursuant to s 66(1) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), publication of:

(a)     the contents of a document or thing filed in or produced to the Tribunal;

(b)     evidence given before the Tribunal; and

(c)     any order made or reasons given by the Tribunal;

is prohibited to the extent that it could identify or lead to the identification of any patient of the respondent or any family member of those patients, or any family member of the respondent, save as is necessary for the parties to engage in and progress these proceedings, or any appeal or review arising from these proceedings, and for the Office of the Health Ombudsman to provide information to the Australian Health Practitioner Regulation Agency in the exercise of the Health Ombudsman’s functions under the Health Ombudsman Act 2013 (Qld).

2.     Any material affected by the non-publication order shall not be copied or inspected without an order of the Tribunal, except by:

(a)     a judicial member;

(b)     a tribunal member;

(c)     an associate appointed under the:

(i)        Supreme Court Act 1991 (Qld);

(ii)      District Court Act 1967 (Qld);

(iii)     Land Court Act 2000 (Qld); or

(iv)      Queensland Civil and Administrative Tribunal Act 2009 (Qld);

(d)     any assessor appointed to assist the Tribunal;

(e)     the staff of the Tribunal registry;

(f)      any judicial officer, court staff or associate dealing with any appeal or review arising from these proceedings; or

(g)     the parties to this proceeding.

3. Pursuant to s 125(1) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), the reasons for decision in respect of sanction delivered ex tempore on 22 May 2024 be consolidated with the reasons for decision as to conduct delivered on 8…

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Health Ombudsman v Kumar [2024] QCAT 132
Case
[2024] QCAT 132
Decision Date

CaseChat Overview and Summary

The case of Health Ombudsman v Kumar was heard by the Queensland Civil and Administrative Tribunal, which was tasked with determining whether the respondent, a general practitioner, had engaged in professional misconduct warranting disciplinary action. The Health Ombudsman alleged multiple instances of inappropriate conduct and substandard clinical practice on the part of the respondent, who was found to be deceitful and unreliable during the proceedings.

The Tribunal was required to decide whether the allegations of professional misconduct were substantiated, specifically whether the respondent's conduct departed from the standards expected of a registered medical practitioner. Additionally, the Tribunal needed to determine an appropriate sanction if the allegations were upheld and whether costs should be awarded against the respondent for unnecessarily impeding the proceedings.

The Tribunal found that the respondent's behaviour constituted professional misconduct based on multiple instances of deceit and a substantial departure from accepted clinical standards. The respondent's refusal to cooperate and provide truthful information further supported the findings of misconduct. As a result, the Tribunal cancelled the respondent's registration and disqualified the respondent from applying for registration indefinitely. Furthermore, given the respondent's obstructive conduct, the Tribunal ordered the respondent to pay fixed, limited costs of $60,000 to the Health Ombudsman.

The final orders included the cancellation of the respondent's registration, a prohibition on applying for registration indefinitely, and an order for the respondent to pay the Health Ombudsman's costs of $60,000. Additionally, certain documents and evidence were subject to a non-publication order to protect the privacy of patients and family members. The reasons for the decision were to be published in consolidated form, and the respondent was given a limited time to appeal the Tribunal's decision.

Orders

Orders of the court

8 April 2024:

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

2. As to sanction:

(a) Oral submissions by the parties or their legal representatives will be heard by the Tribunal at 10:00am on 22 May 2024.

(b) The parties or their legal representatives shall file by email to Associate.DannJDC@courts.qld.gov.au, and serve by contemporaneous backcopy to the other party and their legal representative, a written outline of submissions and authorities relied upon, according to the following timetable:

(i) the applicant, no later than 4:00pm on 8 May 2024; and

(ii) the respondent, no later than 4:00pm on 15 May 2024.

22 May 2024:

1. Pursuant to s 66(1) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), publication of:

(a) the contents of a document or thing filed in or produced to the Tribunal;

(b) evidence given before the Tribunal; and

(c) any order made or reasons given by the Tribunal;

is prohibited to the extent that it could identify or lead to the identification of any patient of the respondent or any family member of those patients, or any family member of the respondent, save as is necessary for the parties to engage in and progress these proceedings, or any appeal or review arising from these proceedings, and for the Office of the Health Ombudsman to provide information to the Australian Health Practitioner Regulation Agency in the exercise of the Health Ombudsman’s functions under the Health Ombudsman Act 2013 (Qld).

2. Any material affected by the non-publication order shall not be copied or inspected without an order of the Tribunal, except by:

(a) a judicial member;

(b) a tribunal member;

(c) an associate appointed under the:

(i) Supreme Court Act 1991 (Qld);

(ii) District Court Act 1967 (Qld);

(iii) Land Court Act 2000 (Qld); or

(iv) Queensland Civil and Administrative Tribunal Act 2009 (Qld);

(d) any assessor appointed to assist the Tribunal;

(e) the staff of the Tribunal registry;

(f) any judicial officer, court staff or associate dealing with any appeal or review arising from these proceedings; or

(g) the parties to this proceeding.

3. Pursuant to s 125(1) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), the reasons for decision in respect of sanction delivered ex tempore on 22 May 2024 be consolidated with the reasons for decision as to conduct delivered on 8 April 2024 and thereafter be published in consolidated form.

4. Pursuant to ss 151(2)(b) and (3)(c) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), the relevant day from which the time limit for the filing of an application for leave to appeal or an appeal against this decision is the date of the publication of the consolidated reasons.

5. Pursuant to s 107(3)(e) of the Health Ombudsman Act 2013 (Qld), the respondent’s registration is cancelled.

6. Pursuant to s 104(a) of the Health Ombudsman Act 2013 (Qld), the respondent is disqualified from applying for registration as a registered health practitioner indefinitely.

7. Pursuant to ss 102(1) and 107(1) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), the respondent shall pay the applicant’s costs of the proceedings, fixed in the amount of $60,000.00.

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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