Health Ombudsman v Skobe

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Skobe [2020] QCAT 196

PARTIES:

DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN

(applicant)

v

DANIELLE SKOBE

(respondent)

APPLICATION NO/S:

OCR215-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

5 May 2020 (Ex Tempore)

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member John Robertson
Assisted by:
Ms H. Barker
Dr K. Forrester
Mr M. Halliday

ORDERS:

1.   In respect of allegation 1, the respondent is found to have engaged in professional misconduct;

2.   In respect of allegation 2, the respondent is found to have engaged in unprofessional conduct;

3. The respondent is reprimanded pursuant to s 107(3)(a) of the Queensland Civil and Administrative Tribunal Act 2009;

4. The respondent’s registration is cancelled pursuant to s 107(3)(e) of the Queensland Civil and Administrative Tribunal Act 2009;

5. The respondent is disqualified from applying for registration as a registered health practitioner for a period of 18 months from today’s date pursuant to s 107(4)(a) of the Queensland Civil and Administrative Tribunal Act 2009;

6. The order made by the Tribunal on the 18th of November 2019 pursuant to s 66(1) of the Queensland Civil and Administrative Tribunal Act 2009 remains in place;

7. An immediate registration action and interim prohibition order made by the Health Ombudsman effective 29 January 2018 be set aside pursuant to s 62(2)(a)(ii) and 73(2)(a)(ii) of the Queensland Civil and Administrative Tribunal Act 2009 respectively;

8. The respondent is prohibited from providing any health service whether on a paid or voluntary basis, unless and until such time as she is re-registered as a nurse, pursuant to s 107(4)(b)(i) of the Queensland Civil and Administrative Tribunal Act 2009; and

9.   No order as to costs

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the respondent was registered as an enrolled nurse – where the respondent was convicted of a one count of stealing which encompassed 29 separate occasions and was imprisoned – where the respondent dishonestly obtained money from vulnerable patients – where the respondent has provided no evidence of remorse for her offending – whether the respondent should be disqualified from registration as a health practitioner – whether the respondent should be prohibited from providing any health service

Health Ombudsman Act 2013 (Qld) s 107

Queensland Civil and Administrative Tribunal Act 2009 s 66

Medical Board of Australia v Jansz [2011] VCAT 1026

Nursing and Midwifery Board v Roos [2016] QCAT 231 Nursing and Midwifery Board of Australia v Morley [2014] SAHPT 17

The Statement of Decision of the Health Care Complaints Commission (NSW) in respect of Ms Myrla Cruz delivered 18 August 2015

APPEARANCES & REPRESENTATION:
Applicant:	Director of Proceedings on behalf of the Health Ombudsman
Respondent:	Self-represented
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. The applicant director referred these disciplinary proceedings to the Tribunal…