Health Ombudsman v Robertson

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Robertson [2020] QCAT 283

PARTIES:

DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN

(applicant)

v

COLLEEN ROBERTSON

(respondent)

APPLICATION NO/S:

OCR281-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

13 May 2020 (ex tempore)

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member J Robertson

Assisted by:

Ms Mary Barnett
Ms Suzanne Harrop

Mr Stephen Lewis

ORDERS:

1. Under section 107(2) of the Health Ombudsman Act 2013 (QLD), findings are made that:

(a)    The respondent has behaved in a way that constitutes professional misconduct as alleged in allegations 1, 2 and 3 of the referral, in that she engaged in conduct substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience;

(b)   The respondent has behaved in a way that constitutes unprofessional conduct as alleged in allegations 4, 5, 6, 7 and 8 of the referral; 

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

3.   The parties must pay their own costs of these proceedings.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the respondent was convicted of driving under the influence of alcohol, stealing a script pad, and unauthorised stealing of shop goods, and trespass – where the respondent failed to inform the National Board within 7 days of the of the relevant event – whether professional misconduct – whether Tribunal should depart from joint submissions of parties

Health Ombudsman Act 2013

Health Practitioner Regulation National Law (Queensland)

Health Ombudsman v SNA [2019] QCAT 328

Legal Services Commissioner v Fellows [2017] QCAT 337

REPRESENTATION:
Applicant:	Director of Proceedings on behalf of the Health Ombudsman
Respondent:	Hall Payne Lawyers
APPEARANCES:	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. These disciplinary proceedings were referred by the director applicant to the Tribunal on 19 December 2019. The proceedings relate to admitted actions by the respondent in 2015, which lead to convictions for various offences in that year and in 2016. There is no issue that at all material times the respondent was a registered nurse with the Nursing and Midwifery Board of Australia (the Board) and a health service provider within the meaning of s 8(e)(i) of the Health Ombudsman Act 2013 (the Act); and a health practitioner under the Health Practitioner Regulation National Law (Queensland) (National Law).

2. She also accepts that, contrary to s 131 of the National Law, she failed to notify the Board of various convictions within the prescribed time.

3. Her registration was suspended on 20 October 2015 until 20 December 2016, and from 19 December 2016 she was registered subject to the condition that she must not practice as a registered nurse until she received the Board’s approval.  Her registration expired on 13 February 2017. She has not practised as a registered…