Health Ombudsman v Mak

The Health Ombudsman brought proceedings against a registered nurse, Mak, alleging professional misconduct. Mak was charged and convicted of possession of child exploitation material, an offence under the Criminal Code. There was evidence suggesting Mak may have been suffering from an undiagnosed mental health condition at the time of the offence. Mak surrendered his registration and provided a statement indicating he had no intention of returning to the profession. Both parties agreed on the proposed sanction.

The central issue before the tribunal was whether the agreed sanction was appropriate. The tribunal considered the nature of the offence, Mak's conduct, his surrender of registration, and his statement of no intention to return to the profession. The tribunal also took into account the evidence of a possible undiagnosed mental health condition. The parties agreed that the appropriate sanction was a reprimand and a three-year disqualification from applying for registration.

The tribunal found that Mak's behaviour constituted professional misconduct. It concluded that the agreed sanction was appropriate given the circumstances. The tribunal accepted that the reprimand and three-year disqualification from registration were suitable to address the public interest in protecting the community and maintaining professional standards. Each party was ordered to bear their own costs of the proceedings.