Health Ombudsman v Mullins

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Mullins [2019] QCAT 339

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

SIAN LOUISE MULLINS

(respondent)

APPLICATION NO/S:

OCR027-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

30 October 2019 (ex tempore)

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President

Assisted by:
Ms A Bains
Dr K Forrester
Dr A Tuckett

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; and

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

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the applicant instituted disciplinary proceedings against the respondent in relation to  conduct that involved the respondent stealing pre-authorised prescription sheets from her employer, and using them to obtain medications –  where the respondent was convicted of stealing, fraud and forgery and uttering in relation to the conduct – where at the time of the conduct the respondent was suffering a substance use disorder involving opiates that arose in the context of a long history of physical health problems - where the respondent self-notified to the Office of the Health Ombudsman and is remorseful – where the respondent has demonstrated insight and has sought and received ongoing treatment – where the respondent’s registration is subject to conditions - where the parties agree as to the facts – where the parties agree as to the sanction – whether the sanction proposed is appropriate

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

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 Act 2009 (Qld)

REASONS FOR DECISION

1. The Director of Proceedings on behalf of the Health Ombudsman (“the applicant”), has referred a health service complaint against Sian Louise Mullins (“the respondent”) to the Tribunal pursuant to sections 103(1)(a) and 104 of the Health Ombudsman Act 2013 (“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 parties are agreed as to the facts of the matter, including the facts of the conduct, its characterisation as professional misconduct, and jointly submit that an appropriate order for sanction is one of a reprimand.

3. The respondent is 30 years of age, born on [redacted], and was aged 27 years at the time of the conduct.  The respondent first obtained registration as a registered nurse on 28 December 2011.  From August 2014, the respondent was employed as a registered nurse in the emergency department of a South East Queensland public hospital (“the Hospital”).  The…