Health Ombudsman v MacBean

The matter before the tribunal was a disciplinary proceeding brought by the Health Ombudsman against a massage therapist, MacBean, who had been convicted of various sexual offences against patients. Both parties agreed on the facts of the case and acknowledged that the respondent should be permanently prohibited from providing any health service. The central issue for the tribunal was whether it should make an order permanently prohibiting the respondent from providing any health service. The tribunal considered the respondent's conduct, which it found posed a serious risk to persons, and set aside the decision to issue an interim prohibition order. It then ordered that the respondent be permanently prohibited from providing any health service under the Health Ombudsman Act 2013 (Qld). Both parties were ordered to bear their own costs of the proceeding.

The tribunal considered the seriousness of the respondent's conduct and the risk he posed to others, concluding that the appropriate order was for a permanent prohibition on the respondent providing any health service. The tribunal found that the respondent's conduct demonstrated a serious breach of the professional standards expected of health care professionals and that the risk he posed to the community warranted a permanent prohibition. The tribunal noted that the respondent had no previous disciplinary history and had expressed remorse for his actions, but these factors were not sufficient to outweigh the need to protect the public from his conduct. The tribunal also considered the impact of the prohibition on the respondent's livelihood but found that this was outweighed by the need to protect the public.