Health Ombudsman v Rodney

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Rodney [2021] QCAT 277

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

JAMES MAURICE JOHN RODNEY

(respondent)

APPLICATION NO/S:

OCR048-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

19 August 2021 (ex tempore)

HEARING DATE:

19 August 2021

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President

Assisted by:

Mr Ross Ashcroft
Dr Eleanor Chew

Dr Bavahuna Manoharan

ORDERS:

1. Pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act2013 (Qld), the Tribunal decides that the respondent has behaved in a way that constitutes professional misconduct.

2. Pursuant to section 107(3)(a) of the Health Ombudsman Act2013 (Qld), the respondent is reprimanded.

3. Pursuant to s107(3)(b) of the Health Ombudsman Act2013 (Qld), the following conditions are to be imposed on the respondent’s registration, effective from the date of the Tribunal’s order:

Mentoring

1.     The Practitioner must be mentored by another registered health practitioner in relation to professional boundaries, more particularly those identified in the disciplinary proceedings: Director of Proceedings on behalf of the Health Ombudsman v James Maurice John Rodney (OCR048-19).

For the purposes of this condition, 'mentoring' is defined as a relationship in which a skilled registered practitioner (the mentor) helps to guide the professional development of another practitioner.

2.    The mentoring must comprise a minimum of 12 sessions with each session being of 1 hour in duration occurring over a 12 month period.

3.    Within 7 days of the notice of the imposition of these conditions, the Practitioner must, on the approved form (HPN16), nominate a person(s) to be approved by the Medical Board of Australia (Board) to act as mentor. The Practitioner must ensure that the nomination is accompanied by acknowledgement, on the approved form (HPNA16), from the nominated person.

4.    Within 7 days, the Practitioner must provide to the Australian Health Practitioners Regulation Agency (AHPRA), on the approved form (HP16), acknowledgement that AHPRA may seek reports from the approved mentor on any or all of the following occasions:

(a)     every 3 months;

(b)     at the conclusion of the mentoring relationship in order to confirm the outcomes of the mentoring;

(c)     whenever the mentor has a concern or becomes aware of a concern regarding the Practitioner’s conduct or professional performance; and

(d)     when otherwise requested by AHPRA or the Board.

5.    In the event an approved mentor is no longer willing or able to provide the mentoring required the Practitioner is to provide a new nomination in the same terms as previous nominations. Such nomination must be made by the Practitioner within 14 days of becoming aware of the termination of the mentoring relationship.

6.    Within 21 days of the conclusion of the mentoring the Practitioner must provide a report demonstrating, to the satisfaction of the Board, that the Practitioner has reflected on the issues that gave rise to the condition requiring they attend for mentoring and outlining how the Practitioner has incorporated the lessons learnt in the mentoring into their practice and any teaching or education roles.