Health Ombudsman v LCK

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v LCK [2023] QCAT 474

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

LCK

(respondent)

APPLICATIONNO/S:

OCR153-20

MATTERTYPE:

Occupational regulation matters

DELIVEREDON:

15 December 2023

HEARINGDATE:

On the papers

HEARDAT:

Brisbane

DECISION OF:

Judge Allen KC

Assisted by:
Dr S Goode

Dr D Khursandi Ms W Grigg

ORDERS:

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

Pursuant to section 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the Tribunal reprimands the respondent.

Each party must bear their own costs of the proceedings.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – MEDICAL PRACTITIONERS – DISCIPLINARY PROCEDINGS – PROFESSIONAL MISCONDUCT AND UNPROFESSIONAL CONDUCT –

where the respondent was a medical practitioner specialising in both paediatric medicine and emergency medicine – where the respondent was convicted of ‘upskirting’ offences – where the respondent was mentally unwell at the time – where the respondent made an application for review to this Tribunal of the conditions upon his registration – where the respondent was successful in that application for review –

whether the respondent’s conduct should be regarded as professional misconduct – what sanction should be imposed

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS   –   QUEENSLAND   CIVIL   AND

ADMINISTRATIVE TRIBUNAL – where both parties seek to retract the non-publication order previously made about the respondent’s name – where decisions were previously published with a pseudonym for the respondent

Health Ombudsman Act 2013 (Qld), ss 103, 104, 107 Health Practitioner Regulation National Law (Queensland), s 5

Queensland Civil and Administrative Tribunal Act 2009

(Qld), ss 66, 100

LCK v Health Ombudsman [2020] QCAT 316

APPEARANCES & REPRESENTATION:

Applicant:

Office of the Health Ombudsman

Respondent:

Gilshenan & Luton Legal Practice

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

Introduction

1. This is a referral of a health service complaint against LCK (respondent), pursuant to sections 103(1)(a) and 104 of the Health Ombudsman Act 2013 (Qld) (HO Act), by the Director of Proceedings on behalf of the Office of the Health Ombudsman.

2. In this matter, the parties have jointly filed and rely upon a Statement of Agreed Facts, and no factual issues remain in dispute. The parties also agree as to the characterisation of the conduct and the appropriate order by way of sanction.

Background

1. The respondent was 44 years old at the time of the conduct and is currently aged 49. He obtained a medical qualification in Cape Town, South Africa in 1998.

2. He first obtained registration as a medical practitioner in Australia on 8 January 2001.

1. In 2008, the respondent became a fellow of the Royal Australasian College of Physicians and obtained a sub-specialty qualification in paediatric emergency medicine. In that same year, he also became a fellow of the Australasian College of Emergency Medicine. He is therefore a specialist in two areas: paediatrics and…