Health Ombudsman v Raynor

The Queensland Civil and Administrative Tribunal (QCAT) was asked to decide whether the respondent, Brandon Raynor, should be prohibited from providing certain health services. The Health Ombudsman had already made an interim prohibition order against Mr Raynor, which QCAT had confirmed with some changes. The Tribunal was asked to consider whether Mr Raynor's conduct and performance posed a serious risk to persons, and if so, what prohibition order should be made. Mr Raynor is not a registered health practitioner, but provides massage services and has taught spinal manipulation techniques. The Health Ombudsman was concerned about the safety of Mr Raynor's technique, particularly its potential to cause serious injury to patients. The Tribunal found that Mr Raynor's technique did pose a serious risk to persons, because of the potential for catastrophic injury, even though such injury was rare. The Tribunal concluded that the risk was serious because of the very serious consequences if the risk eventuated. The Tribunal also found that the technique was not safe, and there was no evidence to suggest it provided any benefit to patients. It was appropriate to make a prohibition order to protect the public. The Tribunal set aside the earlier prohibition order and made a new prohibition order, prohibiting Mr Raynor from providing any health service involving manipulation of the cervical spine, teaching others to do so, and providing training in it. The order also contained conditions relating to notification of employers, inspection of records, and changes of address.