Health Ombudsman v Marlin

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Marlin [2020] QCAT 142

PARTIES:

DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN

(applicant)

v

TERRY ELIZABETH MARLIN

(respondent)

APPLICATION NO/S:

OCR262-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

17 April 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member D J McGill SC, assisted by Ms C Ashcroft, Ms Hopkins and Mr S Lewis. 

ORDERS:

1.   The Tribunal decides that the respondent has behaved in a way that constituted professional misconduct, in that she engaged in conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training and experience; 

2.   The parties bear their own costs of this proceeding.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the respondent is a enrolled nurse – where the referral alleges professional misconduct – where the referral alleges stealing as a servant and unlawful possession of restricted drugs – whether such conduct should warrant a significant sanction by reprimand

Health Ombudsman Act 2013, s 103, s 104, s 107

Health Practitioner Regulation National Law of Queensland (2009), s 5

Health Ombudsman v Jamieson [2017] QCAT 172

Health Ombudsman v MacDonald [2016] QCAT 473
Health Ombudsman v Riek [2017] QCAT 173
Nursing and Midwifery Board of Australia v Tainton [2014] QCAT 161
Psychology Board of Australia v GA [2014] QCAT 409

REPRESENTATION & 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 reference by the applicant of disciplinary proceedings against the respondent under the Health Ombudsman Act 2013, s 103(1)(a) and s 104. Under s 126 of that Act I constitute the Tribunal. I am sitting with assessors, Ms Hopkins, Ms Ashcroft and Mr Lewis, in accordance with the Act, s 126. Their function is to advise me in relation to questions of fact: s 127.

2. The respondent was a registered health practitioner for the purposes of the Health Practitioner Regulation National Law of Queensland, being formerly an enrolled nurse.  The applicant alleges that the respondent engaged in professional misconduct, or in the alternative, unprofessional conduct, in that while registered and practising as an enrolled nurse:

   Charge 1: she stole a quantity of prescription medication and as a result was in unlawful possession of restricted drugs. 

   Charge 2: she failed to give the board written notice of the fact that she had been charged with offences punishable by 12 months imprisonment or more, as required by the National Law, s 130. 

   Charge 3: she failed to notify the board of the fact that she had been convicted of one offence punishable by 12 months imprisonment or more, as required by the National Law, s 130. 

   Charge 4: she failed to give the board written notice of the fact that her employment had been suspended and subsequently terminated, as required by the National…