Health Ombudsman v Le

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Le [2020] QCAT 170

PARTIES:

DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN

(applicant)

v

JHAII KIET NGHI LE

(respondent)

APPLICATION NO/S:

OCR138-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

22 June 2020

HEARING DATE:

8 June 2020

HEARD AT:

Brisbane

DECISION OF:

Judicial Member D J McGill SC, assisted by Dr G Neilson, Mr A F Petrie and Mrs F K Petty.

ORDERS:

1.   The respondent engaged in professional misconduct in respect of the matters set out in allegations 1, 3 and 4.

2.   The respondent engaged in unprofessional conduct in respect of the matters set out in allegation 2.

3.   The respondent is reprimanded.

4.   The registration of the respondent is cancelled.

5.   The respondent is disqualified from applying for registration until 20 May 2021.

6.   The parties bear their own costs of the proceeding. 

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – PHARMACEUTICAL CHEMISTS – DISCIPLINARY PROCEEDINGS – CONVICTION OF OFENCE – Professional misconduct – stealing money and medication from employer – failure to notify of charge or conviction – breach of conditions on registration – providing false information – sanction

Health Ombudsman Act 2013 s 103(1)(a), s 104

Health Practitioner Regulation National Law (Qld) s 130

Chen v Health Care Complaints Commission [2017] NSWCA 186
Health Care Complaints Commission v Caken [2018] NSWCATOD 5
Health Care Complaints Commission v Townsend [2014] NSWCATOD 65
Health Ombudsman v Field [2019] QCAT 243
Health Ombudsman v Sabo [2019] QCAT 256
Nursing and Midwifery Board of Australia v Dizon [2013] VCAT 1881
Nursing and Midwifery Board of Australia v Morley [2014] SAHPT 17
Nursing and Midwifery Board of Australia v Roos [2016] QCAT 231
Pharmacy Board of Australia v Arulogun [2013] QCAT 685
Pharmacy Board of Australia v Thomas [2011] QCAT 637
Psychology Board of Australia v Wakelin [2014] QCAT 516

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 s 103(1)(a), s 104. In accordance with the Act I am sitting with assessors Dr G Neilson, Mr A F Petrie and Mrs F K Petty.[1]

   [1]Health Ombudsman Act 2013 s 126. For their function, see s 127.

2. The respondent is and was at the relevant times a registered pharmacist, and hence a registered health practitioner for the purposes of the Health Practitioner Regulation National Law (Qld). The applicant alleges that the respondent engaged in professional misconduct in that, while registered, he entered the premises where he had been employed as a pharmacist and stole a sum of money belonging to his employer, and other property, that he was later found in unlawful possession of a quantity of prescription drugs, that he was charged with and convicted of this offending but did not notify the National Board of the charge or the conviction as required by the National Law…