Health Ombudsman v MacBean

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v MacBean [2019] QCAT 300

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

SAMUEL JOSEPH MACBEAN

(respondent)

APPLICATION NO/S:

OCR108-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

13 September 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President

ORDERS:

1.   Pursuant to s 113(1) of the Health Ombudsman Act 2013 (Qld), the Tribunal decides that, because of his conduct, the respondent poses a serious risk to persons.

2. Pursuant to s 73(2)(a)(ii) of the Health Ombudsman Act 2013 (Qld), the Tribunal sets aside the decision to issue the interim prohibition order on 20 November 2017.

3. Pursuant to s 113(4)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is permanently prohibited from providing any health service.

4.   Each party must bear their own costs of the proceeding.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – OTHER HEALTH CARE PROFESSIONALS – where the respondent was an unregistered health care professional – where the respondent was a massage therapist – where the applicant instituted disciplinary proceedings against the respondent – where the respondent was convicted on his own plea of guilty of various sexual offences against patients who attended upon his massage therapy business – where the parties agreed as to the facts – where there was no dispute between the parties that the appropriate order was that the respondent be permanently prohibited from providing any health service – whether the Tribunal should make an order permanently prohibiting the respondent from providing any health service

Health Ombudsman Act 2013 (Qld), s 8, s 73, s 103, s 113

Brigginshaw v Brigginshaw (1938) 60 CLR 336

REPRESENTATION:
Applicant:	The Director of Proceedings, on behalf of the Health Ombudsman
Respondent:	Self-represented
APPEARANCES:	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

1. This is a referral of a matter against Samuel Joseph MacBean (“the respondent”) pursuant to ss 103(1)(a) and 104 of the Health Ombudsman Act 2013 (Qld) (“the HO Act”) by the Director of Proceedings on behalf of the Health Ombudsman (“the applicant”). The applicant seeks a prohibition order pursuant to s 113(1) and (4) of the HO Act.

2. The respondent is aged 47, having been born on [redacted].  On 1 July 2009, the respondent registered his business name, Moorooka Therapeutic Massage.  He initially operated his business from his home, before relocating to premises at Beaudesert.  At all material times, the respondent was a health service provider, not required to be registered under the Health Practitioner Regulation National Law (Qld) (“the National Law”) and a health service provider within the meaning of s 8(a)(ii) of the HO Act.

3. The applicant contends that the Tribunal would decide that the respondent poses a serious risk to persons within the meaning of s 113(1) of the HO Act because of the following conduct which is admitted by the respondent.

4. The respondent, in the…