Health Ombudsman v RET

The Health Ombudsman sought disciplinary proceedings against a nurse, alleging professional misconduct. The dispute was heard by the Queensland Civil and Administrative Tribunal. The primary issue was whether the nurse's actions, which included stealing drugs from her employer, constituted professional misconduct. A secondary issue was whether a non-publication order should be made to protect the nurse's identity.

The Tribunal found that the nurse's conduct did constitute professional misconduct. It took into account her criminal conviction, the fact that she had self-medicated without proper authorisation, and the circumstances of her obtaining drugs. The Tribunal also considered the nurse's medical and psychiatric conditions, and the fact that her treatment had improved her condition and enabled her to work within her limitations. The Tribunal was satisfied that the nurse's misconduct warranted a reprimand, but it decided that a suspension was not necessary. The Tribunal also considered that a non-publication order was appropriate to protect the nurse's identity.

The Tribunal decided that the nurse had engaged in professional misconduct and reprimanded her. The Tribunal ordered that the parties bear their own costs and made a non-publication order to protect the nurse's identity.