Health Ombudsman v Sabo - [2019] QCAT 256

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Sabo [2019] QCAT 256

PARTIES: HEALTH OMBUDSMAN

(applicant)

v

JERRY GABRIEL SABO

(respondent)

APPLICATION NO/S:

OCRO31-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

3 September 2019

HEARING DATE:

11 December 2018

HEARD AT:

Brisbane

DECISION OF:

Sheridan DCJ

Assisted by:
Mr M Halliday
Mr C Small
Ms V Boden

ORDERS:
1. Pursuant to s 107(2) of the Health Ombudsman Act 2013 (Qld), Mr Sabo has behaved in a way that constitutes professional misconduct.

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

3. Pursuant to s 107(4)(a) of the Health Ombudsman Act 2013 (Qld), Mr Sabo is disqualified from applying for registration for a period of 2 years, from the date hereof.

4. There be no order as to costs.

CATCHWORDS:
PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the practitioner was charged and convicted of criminal offences – where the practitioner failed to disclose the charges and convictions to the nursing and midwifery board of Australia – where the practitioner declined to participate in the referral proceedings – whether the registration of the practitioner should be cancelled – whether a period of disqualification from reapplying should be imposed

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

Health Practitioner Regulation National Law(Queensland) s 130

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 92, s 93,

Health Ombudsman v Antley [2016] QCAT 472, cited

Health Care Complaints Commission v Robertson [2011] NWNMT 5, cited

APPEARANCES & REPRESENTATION:

Applicant:

BR Moses, counsel of the Office of the Health Ombudsman

Respondent:

No appearance

REASONS FOR DECISION

The referral

The current proceedings arise out of disciplinary matters referred to the tribunal on behalf of the Health Ombudsman against the respondent, Mr Sabo, pursuant to s 103(1)(a) and s 104 of the Health Ombudsman Act2013 (Qld) (HO Act). The referral was filed on 31 January 2018 (initial referral). An amended referral was filed on 15 October 2018 (amended referral).
QCAT is the responsible tribunal with jurisdiction to hear and decide the matter in accordance with s 104 of the HO Act.
The charges in the referral relate broadly to Mr Sabo having been convicted of various criminal offences, providing false information to the Nursing & Midwifery Board of Australia (the Board) in his renewal application in failing to disclose that he had been convicted of criminal offences, and having failed to notify the Board as required by s 130 of the Health Practitioner Regulation National Law (Qld) (National Law) that he had been charged with and convicted of criminal offences.
The Health Ombudsman alleges that as a result of the charges, Mr Sabo has engaged in professional misconduct, or in the alternative, unprofessional conduct as those terms are defined in the National Law. It is alleged that if there were two or more counts of unprofessional…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Health Ombudsman v Sabo and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2019] QCAT 256
Decision Date: 3 September 2019

CaseChat Overview and Summary

In the case of Health Ombudsman v Sabo, the issue before the court was whether the registration of the practitioner, Mr Sabo, should be cancelled and if a period of disqualification from reapplying should be imposed. Mr Sabo was charged and convicted of criminal offences and failed to disclose these charges and convictions to the Nursing and Midwifery Board of Australia. Furthermore, Mr Sabo declined to participate in the referral proceedings. The court had to decide whether these actions constituted professional misconduct and warranted the cancellation of his registration, as well as whether a period of disqualification from reapplying for registration should be imposed.

The court found that Mr Sabo's failure to disclose his criminal charges and convictions to the Nursing and Midwifery Board of Australia was a serious breach of his professional obligations. The court noted that the obligation to disclose such information is a fundamental aspect of maintaining professional integrity and ensuring public trust in the healthcare system. Additionally, Mr Sabo's refusal to participate in the referral proceedings demonstrated a lack of cooperation and a disregard for the disciplinary process, further supporting the conclusion that his conduct was unprofessional. Consequently, the court held that Mr Sabo's actions constituted professional misconduct, warranting a cancellation of his registration.

Following the determination of professional misconduct, the court imposed a reprimand and a two-year disqualification period from reapplying for registration. The reprimand served as a formal expression of the court's disapproval of Mr Sabo's conduct, while the disqualification period aimed to prevent him from resuming his nursing practice without undergoing a period of reflection and demonstrating a commitment to rectifying his misconduct. The court considered these measures necessary to uphold the standards of the nursing profession and to protect the public from potential harm caused by individuals who have demonstrated a disregard for professional obligations.

The court made an order under section 107(2) of the Health Ombudsman Act 2013 (Qld) that Mr Sabo had behaved in a way that constituted professional misconduct. Under section 107(3)(a) of the same Act, Mr Sabo was reprimanded. Pursuant to section 107(4)(a), Mr Sabo was disqualified from applying for registration for a period of two years. No order was made as to costs.

Orders

Orders of the court

1. Pursuant to s 107(2) of the Health Ombudsman Act 2013 (Qld), Mr Sabo has behaved in a way that constitutes professional misconduct.

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

3. Pursuant to s 107(4)(a) of the Health Ombudsman Act 2013 (Qld), Mr Sabo is disqualified from applying for registration for a period of 2 years, from the date hereof.

4. There be no order as to costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Health Ombudsman v Sabo [2019] QCAT 256
PARTIES:	HEALTH OMBUDSMAN
(applicant)
v
JERRY GABRIEL SABO
(respondent)
APPLICATION NO/S:	OCRO31-18
MATTER TYPE:	Occupational regulation matters
DELIVERED ON:	3 September 2019
HEARING DATE:	11 December 2018
HEARD AT:	Brisbane
DECISION OF:	Sheridan DCJ Assisted by: Mr M Halliday Mr C Small Ms V Boden
ORDERS:	1. Pursuant to s 107(2) of the *Health Ombudsman Act 2013* (Qld), Mr Sabo has behaved in a way that constitutes professional misconduct. 2. Pursuant to s 107(3)(a) of the *Health Ombudsman Act 2013* (Qld), Mr Sabo is reprimanded. 3. Pursuant to s 107(4)(a) of the *Health Ombudsman Act 2013* (Qld), Mr Sabo is disqualified from applying for registration for a period of 2 years, from the date hereof. 4. There be no order as to costs.
CATCHWORDS:	PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the practitioner was charged and convicted of criminal offences – where the practitioner failed to disclose the charges and convictions to the nursing and midwifery board of Australia – where the practitioner declined to participate in the referral proceedings – whether the registration of the practitioner should be cancelled – whether a period of disqualification from reapplying should be imposed Health Ombudsman Act 2013 (Qld) s 103, s 104, s 107 Health Practitioner Regulation National Law(Queensland) s 130 Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 92, s 93, Health Ombudsman v Antley [2016] QCAT 472, cited Health Care Complaints Commission v Robertson [2011] NWNMT 5, cited
APPEARANCES & REPRESENTATION:
Applicant:	BR Moses, counsel of the Office of the Health Ombudsman
Respondent:	No appearance