Health Ombudsman v McGuinness

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v McGuinness [2020] QCAT 1

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

SHAUN ALEXANDER MCGUINNESS

(respondent)

APPLICATION NO/S:

OCR182-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

17 January 2020

HEARING DATE:

14 May 2019

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President

Assisted by:
Dr K Forrester
Ms S Harrop
Mr S Lewis

ORDERS:

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

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

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the applicant referred proceedings against the respondent on the basis of the respondent’s conviction for serious drug offences in the Supreme Court of Queensland and for a failure to notify the Board of a relevant event – where the respondent provided an undertaking to the Board – where such undertaking ceased upon the respondent surrendering his registration – where since the surrender of his registration the respondent has been precluded from practice for a period of approximately four years - where the respondent has displayed insight and remorse – where the respondent has undergone treatment and completed a drug rehabilitation program – where the applicant submits that the respondent should disqualified from applying for re-registration for a period of up to 12 months – where the respondent resists such an order – where the parties otherwise agree as to the appropriate sanction – whether the Tribunal should disqualify the respondent from applying for re-registration 

Health Ombudsman Act 2013 (Qld), s 103, s 104, s 107
Health Practitioner Regulation National Law (Queensland), s 5, s 130

Health Ombudsman v Barber [2017] QCAT 431
Nursing and Midwifery Board of Australia v Brereton [2011] QCAT 578
Nursing and Midwifery Board of Australia v Brereton [2011] QCAT 579

APPEARANCES AND REPRESENTATION:
Applicant:	K Carter-Brown (sol) of the Office of the Health Ombudsman
Respondent:	Self-represented

REASONS FOR DECISION

1. The Director of Proceedings on behalf of the Health Ombudsman (“the applicant”) has referred a health service complaint against Shaun Alexander McGuinness (“the respondent”) to the Tribunal pursuant to sections 103(1)(a) and 104 of the Health Ombudsman Act 2013 (Qld) (“HO Act”).  The applicant seeks a finding that the respondent has behaved in a way that constitutes professional misconduct and consequent orders for sanction. 

2. The respondent does not oppose a finding of professional misconduct and admits the following facts. 

3. The respondent was first registered as an enrolled nurse on 18 July 2012.  He was aged 21 years and employed by a southeast Queensland Hospital and Health Service at the time of the conduct the subject of the referral.  The conduct did not relate to the respondent’s practice as an enrolled nurse. 

4. The applicant has particularised the conduct by way of…