Health Ombudsman v Moosawi

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Moosawi [2020] QCAT 391

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

ALI AL MOOSAWI

(respondent)

APPLICATION NO/S:

OCR026-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

23 October 2020

HEARING DATE:

3, 4 & 6 September 2019

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President
Assisted by:
Dr D Khursandi
Dr D Ellwood
Ms J Felton

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.   The non-publication order made on 14 March 2018 and amended on 3 September 2019 is further amended by deletion of the words, “the respondent (or any family member of the respondent),”.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – MEDICAL PRACTITIONERS – DISCIPLINARY PROCEEDINGS – where the respondent medical practitioner is alleged to have engaged in boundary violations with a patient – where the boundary violations are alleged to include sexual relations – where the respondent denies such conduct – whether the respondent engaged in the alleged conduct – where the respondent is alleged to have interfered with the patient as a witness in an investigation by the Office of the Health Ombudsman into his conduct – whether the respondent engaged in the alleged conduct – whether the conduct of the respondent should be characterised as professional misconduct or unprofessional conduct.

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – whether a non-publication order or redactions of the reasons of the tribunal should be made to avoid embarrassment to non-parties 

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

Health Practitioner Regulation National Law (Queensland), s 5
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66

Brigginshaw v Brigginshaw (1938) 60 CLR 336

John Fairfax Group Pty Ltd v Local Court of New South Wales [1991] 26 NSWLR 131
J v L&A Services Pty Ltd (No.2) [1995] 2 Qd R 10

APPEARANCES & REPRESENTATION:
Applicant:	M Nicolson instructed by the Office of the Health Ombudsman
Respondent:	G W Diehm QC instructed by Avant Law

REASONS FOR DECISION

Introduction

1. Dr Ali Al Moosawi (the respondent) is, and was at all material times, a “registered health practitioner” as defined by the Health Practitioner Regulation National Law (Queensland) (National Law) and the Health Ombudsman Act 2013 (Qld) (HO Act), registered under the National Law as a medical practitioner holding general registration with the Medical Board of Australia.

2. The Director of Proceedings on behalf of the Health Ombudsman (the applicant) has referred a health service complaint against the respondent to the Tribunal pursuant to s 103(1)(a) and s 104 of the HO Act. The referral particularises two charges. In respect of each charge, it is alleged that the respondent engaged in “professional misconduct” or, alternatively, “unprofessional conduct”, within the meaning of those terms as defined in s 5 of the National Law.

3. Charge 1 alleges that the respondent engaged in a breach of the…