Health Ombudsman v NMS

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v NMS [2025] QCAT 240

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

NMS

(respondent)

APPLICATION NO/S:

OCR021-24

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

18 June 2025 (decision)

25 July 2025 (reasons)

HEARING DATE:

30 May 2025

HEARD AT:

Brisbane

DECISION OF:

Judicial Member Jones
Assisted by:
Dr W Grigg
Mr P Garcia

Ms L J Michel

ORDERS:

IT IS THE DECISION OF THE TRIBUNAL THAT:

1.     Pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), the respondent has behaved in a way that constitutes professional misconduct.

2.     Pursuant to s 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is cautioned.

3.     There be no order as to costs.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – OTHER HEALTH CARE PROFESSIONALS – where the respondent is a registered medical radiation practitioner – where the respondent was charged with and pleaded guilty to contravening a domestic violence order – whether the conduct should be characterised as professional misconduct – where the parties initially agreed that the respondent should be reprimanded – where the solicitor for the respondent amended his submission to a caution instead of a reprimand in circumstances where the respondent was suffering with significant mental health issues – where the Tribunal is satisfied there is a direct causal link between the respondent’s mental health issues and her conduct – whether the respondent is an appropriate vehicle or medium for making a consequential order to give effect to general deterrence in light of that causal link

Domestic and Family Violence Protection Act 2012 (Qld)

Health Ombudsman Act 2013 (Qld)
Health Practitioner Regulation National Law (Queensland)

Queensland Civil and Administrative Tribunal Act 2009 (Qld)

Fittock v Legal Profession Conduct Commissioner (No 2) [2015] SASCFC 167

Health Ombudsman v Niem Quoc Tang [2020] QCAT 165
LCK v Health Ombudsman [2020] QCAT 316
Legal Services Commissioner v McLeod [2020] QCAT 371
R v Neumann; ex parte A-G (Qld) [2005] QCA 362
R v Tsiaras [1996] 1 VR 398
R v Verdins (2007) 16 VR 269

R v Yarwood [2011] QCA 367

APPEARANCES & REPRESENTATION:
Applicant:	M Lucey, solicitor of McCullough Robertson
Respondent:	S Ames, solicitor of Meridian Lawyers

REASONS FOR DECISION

Background

1. This proceeding is brought by the Director of Proceedings on behalf of the Health Ombudsman (‘applicant’) against NMS (‘respondent’), a registered medical radiation practitioner.  This matter relates to the conduct of the respondent, which will be dealt with in more detail below.  Having regard to all of the conduct of the respondent, the applicant submitted that the following findings and orders were appropriate:

   (a)the conduct of the respondent constitutes professional misconduct pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld) (‘HO Act’);

   (b)an order that, pursuant to section 107(3)(a) of the HO Act, the respondent be reprimanded; and

   (c)there be no orders as to costs.

2. On behalf of the respondent, it was initially agreed that the respondent be reprimanded, but that the…