Health Ombudsman v Passmore

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Passmore  [2020] QCAT 92

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

KATHLEEN MARY PASSMORE

(respondent)

APPLICATION NO/S:

OCR330-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

19 February 2020 (ex tempore)

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President
Assisted by:
Ms Mary Barnett
Ms Jennifer Felton
Dr Anthony Tuckett

ORDERS:

1. In relation to Charge 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. In relation to Charge 2, pursuant to s 107(2) (b)(ii) of the Health Ombudsman Act 2013 (Qld), the Tribunal decides that the respondent has behaved in a way that constitutes unprofessional conduct.

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

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

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the respondent is a registered nurse – where the referral alleges professional misconduct and unprofessional conduct – where the referral alleges sexual misconduct and boundary violations – whether such conduct should be characterised as professional misconduct and unprofessional conduct

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

Nursing and Midwifery Board v Evans [2016] QCAT 77 Nursing and Midwifery Board of Australia v Tainton [2014] QCAT 161

APPEARANCES & REPRESENTATION: 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. This is a referral of a health service complaint against Kathleen Mary Passmore (“respondent”) pursuant to s 103(1)(a) and s 104 of the Health Ombudsman Act 2013 (Qld) (“HO Act”) by the Director of Proceedings on behalf of the Health Ombudsman (“applicant”).

2. The respondent is 68 years of age and was first registered as a registered nurse in 1978.  The respondent has no previous disciplinary history and had not been the subject of a complaint in nearly 40 years of work as a nurse until the matter the subject of the referral.

3. The parties are agreed as to the facts of the matter, including the conduct the subject of the referral, its characterisation as professional misconduct and unprofessional conduct, and have reached an agreed position as to the appropriate sanction. 

4. The referral particularises two charges, one of alleged professional misconduct and one of alleged unprofessional conduct.

5. Charge 1, the allegation of professional misconduct, particularises events on 23 August 2014 in which it is alleged the respondent engaged in sexual misconduct by inappropriately touching the complainant in his home without permission. 

6. Charge 2, the allegation of unprofessional conduct, alleges a breach of professional boundaries by way of the respondent, on 23 August 2014, failing to maintain professional boundaries by attending the complainant’s home after being invited there by the complainant to discuss some…