Health Ombudsman v Le Garde

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Le Garde [2019] QCAT 260

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

KYLIE LOUISE LE GARDE

(respondent)

APPLICATION NO/S:

OCR283-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

23 August 2019 (ex tempore)

HEARING DATE:

23 August 2019

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President

Assisted by:
Dr V Thorley
Dr K Forrester
Ms H Barker

ORDERS:

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

2. Pursuant to section 107(3)(a) of the Health Ombudsman Act 2013, the respondent is reprimanded;

3. Pursuant to section 107(3)(d) of the Health Ombudsman Act 2013, the respondent’s registration is suspended for a period of six months.

4.   Each party must bear the party’s own costs for the proceeding.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the practitioner was a registered nurse – where the practitioner was charged and convicted of criminal offences – where the practitioner failed to disclose the charges and convictions to the Nursing and Midwifery Board of Australia – where the conduct came to light by way of an anonymous tip – where the practitioner has a history of illicit drug use for which conditions were imposed by the Nursing and Midwifery Board of Australia on her general registration – where there was non-compliance with the conditions imposed – where the respondent applied for and was granted non-practising registration – where the parties agree as to the characterisation of the conduct as professional misconduct – where the applicant submits that the respondent’s registration should be suspended for a period of six months – where the respondent submits that the period of non-practising registration should be viewed as a de facto suspension and the imposition of a further period of suspension would be punitive – whether the Tribunal should impose a period of suspension

Health Ombudsman Act 2013 (Qld), s 103, s 107
Health Practitioner Regulation National Law Act 2009, s 5, s 109, s 130

Craig v Medical Board of South Australia [2001] 79 SASR 545
Nursing and Midwifery Board of Australia v Camm [2019] SAHPT 3
Nursing and Midwifery Board of Australia v Curnow [2018] SAHPT 1
Nursing and Midwifery Board of Australia v Smith [2016] SAHPT 4

APPEARANCES & REPRESENTATION:
Applicant:	C Wilson instructed by the Director of Proceedings, on behalf of the Health Ombudsman
Respondent:	R Casanovas (sol) of Macrossan & Amiet Solicitors

1. This is a referral of a health service complaint against the respondent by the applicant pursuant to sections 103(1)(a) and 104 of the Health Ombudsman Act 2013 (“HOA”). The applicant alleges that the respondent registered nurse engaged in professional misconduct by reason of her committing a criminal offence unrelated to her practice as a nurse and by failing to notify the Australian Health Practitioner Regulation Agency (“AHPRA”) of being charged and convicted of that offence in contravention…