Health Ombudsman v Mutasa

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v David Tichaona Mutasa [2019] QCAT 315

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

DAVID TICHAONA MUTASA

(respondent)

APPLICATION NO/S:

OCR114-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

1 October 2019 (ex tempore)

HEARING DATE:

1 October 2019

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President

Assisted by:
Dr C Oltvolgyi
Dr J Osborne
Ms A Bains

ORDERS:

1. Pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act 2019 (Qld), the Tribunal finds that the respondent has behaved in a way that constitutes professional misconduct;

2. Pursuant to section 107(3)(a) of the Health Ombudsman Act 2019 (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 – MEDICAL PRACTITIONERS – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT – where the respondent was employed as a locum doctor – where the respondent was convicted on his own plea of guilty of one count of assault – where the assault involved the respondent making sexual advances towards a female paramedic whilst on duty – whether the respondent’s conduct should be characterised as professional misconduct or unprofessional conduct –  where the respondent had his employment terminated – where the applicant concedes that there has been significant delay in the matter attributable to the applicant – where the respondent has made significant attempts at rehabilitation - where the applicant submits that a reprimand and the imposition of a period of suspension of 6-12 months is the appropriate sanction – where the respondent submits that the imposition of a period of suspension is unnecessary – whether the Tribunal ought to impose a period of suspension

Health Ombudsman Act 2013 (Qld), s 103, s 104, s 107
Health Practitioner Regulation National Law Act 2009 (Qld), s 5

Fittock v Legal Profession Conduct Commissioner (No 2) [2015] SASCFC 167
Medical Board of Australia v Davis [2018] QCAT 215
Medical Board of Australia v Holding [2014] QCAT 632
Craig v Medical Board of South Australia [2001] 79 SASR 545
Psychology Board of Australia v Cameron [2015] QCAT 227

APPEARANCES & REPRESENTATION:
Applicant:	M Nicholson instructed by the Director of Proceedings, on behalf of the Health Ombudsman
Respondent:	Self-represented

REASONS FOR DECISION

1. This is a referral of a health service complaint against Daniel Tichaona Mutasa (“the respondent”) pursuant to sections 103(1)(a) and 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 by reason of him, on 8 May 2017, being found guilty in the District Court at Rockhampton of one count of common assault, contrary to section 335 of the Criminal Code Act 1899.  The applicant alleges in the alternative that the respondent has engaged in unprofessional conduct for the same reasons.

2. The respondent contests a finding of professional misconduct, submitting that he should…