Health Ombudsman v McGill

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v McGill [2019] QCAT 399

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

ANDREW CHARLES MCGILL

(respondent)

APPLICATION NO/S:

OCR178-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

4 December 2019 (ex tempore)

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President

Assisted by:
Dr K Forrester
Mr M Halliday
Mr S Lewis

ORDERS:

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

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

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

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – SANCTION – where the respondent is a registered nurse – where the applicant instituted disciplinary proceedings against the respondent as a result of criminal conduct involving the theft of drugs – where the respondent’s conduct involved activities designed to cover up the theft – where the respondent’s attempts at covering up the theft included actions which could have, but did not, result in harm to a patient – where the respondent has a relevant notification history – where the respondent has been subject to a de facto period of suspension of approximately four years – where the respondent’s conduct ought to be characterised as professional misconduct or unprofessional conduct – whether the respondent should be subject to any further preclusion from practice

Health Ombudsman Act 2013 (Qld), s 103, s 104, s 107

Health Practitioner Regulation National Law (Queensland), s 5

Healthcare Complaints Commission v Flynn [2009] NSWNMT 1
Health Ombudsman v Kennedy [2019] QCAT 319
Health Ombudsman v Riek [2017] QCAT 173
Nursing and Midwifery Board of Australia v Mahon [2014] VCAT 403

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 Act2009 (Qld)

REASONS FOR DECISION

1. This is a referral of a health service complaint against Andrew Charles McGill (“the respondent”) pursuant to s 103(1)(a) and s 104 of the Health Ombudsman Act 2013 (Qld) (“HO Act”) by the Director of Proceedings on behalf of the Health Ombudsman (“the applicant”). The applicant alleges the respondent has behaved in a way that constitutes professional misconduct and seeks orders for sanction. The applicant alleges in the alternative that the respondent has engaged in unprofessional conduct. The respondent has admitted that he engaged in unprofessional conduct but has not admitted that he has behaved in a way that constitutes professional misconduct.

2. The respondent was first registered as a registered nurse on 16 February 1998. The respondent has a previous notification history which is relevant to issues of sanction.  In 2008 the respondent, in the course of his employment, misappropriated opiate medication and falsified drug registers.  As…