QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Health Ombudsman v Ndlovu [2022] QCAT 135
PARTIES:
Director of proceedings on behalf of the helath ombudsman (applicant)
v
mEDium ndlovu (respondent)
APPLICATION NO/S:
OCR267-19
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
20 April 2022 (ex tempore)
HEARING DATE:
20 April 2022
HEARD AT:
Brisbane
DECISION OF:
Judicial Member R Jones
Assisted by:
Anthony Tuckett
Margaret Ridley
Harriet BarkerORDERS:
1. The conduct of the respondent in relation to allegations 1 and 2 constitutes professional misconduct pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act2013 (Qld).
2. Pursuant to section 107(3)(a) of the Health Ombudsman Act2013 (Qld) the respondent is reprimanded.
3. Pursuant to section 107(3)(e) of the Health Ombudsman Act2013 (Qld), the respondent’s registration is cancelled.
4. Pursuant to section 107(4)(b)(i) of the Health Ombudsman Act2013 (Qld), the respondent is prohibited from providing health service in a paid or unpaid capacity in a clinical or non-clinical capacity until such time as she obtains registration as a health practitioner.
5. No orders as to costs.
CATCHWORDS:
PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT – where the respondent registered nurse contravened conditions imposed on her registration to practice only under supervision – where the respondent made various false and misleading statements to the board – where the respondent suffered from psychiatric disorders – where the respondent has not engaged in the proceedings or provided the Tribunal material to suggest she is a fit and proper person – whether the respondents registration should be cancelled
Health Ombudsman Act2013 (Qld) s 107
Health Practitioner National Law 2009 s 8
Health Ombudsman v Powell [2022] QCAT 112
Health Ombudsman v Tang [2020] QCAT 165
Healthcare Complaints Commission v Moslemi [2020] NSWCATOD 2
Legal Services Commission v Yarwood [2015] QCAT 2008
Nursing and Midwifery Board of Australia v Fisher [2018] VCAT 1340
APPEARANCES & REPRESENTATION:
Applicant:
N Townsend, Principal Legal Officer at the Office of the Health Ombudsman
Respondent:
No Appearance
REASONS FOR DECISION
This proceeding is concerned with an application by the health ombudsman seeking the following findings and orders:
(a)a finding that the conduct of the respondent in allegations 1 and 2 constitutes professional misconduct under the Health Ombudsman Act 2013 (Qld);
(b)an order pursuant to 107(3)(a) of the Health Ombudsman Act 2013 (Qld) that the respondent is reprimanded;
(c)an order pursuant to section 107(3)(e) of the Health Ombudsman Act 2013 (Qld), the respondent’s registration is cancelled
(d)an order pursuant to section 107(4)(b)(i) of the Health Ombudsman Act 2013 (Qld) that the respondent is prohibited from providing a health service in a paid or unpaid capacity in a clinical or non-clinical capacity until such time as she obtains registration as a health practitioner; and
(e)that there be no orders as to costs.
For the reasons that follow the findings and orders of the tribunal are:
(a)a…
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- Case
- [2022] QCAT 135
- Decision Date
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