Health Ombudsman v SNA

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v SNA [2019] QCAT 328

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

SNA

(respondent)

APPLICATION NO:

OCR052-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

30 October 2019 (ex tempore)

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President

Assisted by:
Ms A Bains
Dr K Forrester
Dr A Tuckett

ORDERS:

1. Pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act 2013 (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 Act 2013 (Qld), the respondent is reprimanded; and

3.   Each party must bear the party’s own costs for the proceeding.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the applicant instituted disciplinary proceedings against the respondent in relation to  conduct that involved the respondent stealing prescription forms from her employer, filling them out, and using them to obtain various medications over a 21-day period – where the respondent had previously been legitimately prescribed the same medications which she obtained using the stolen prescription forms – where the respondent had chronic health issues – where the respondent made full and frank admissions from the commencement of investigations into her conduct and is remorseful – where the respondent has sought and received ongoing treatment – where the respondent’s registration has lapsed - where the parties agree as to the facts – where the parties agree as to the sanction – whether the sanction proposed is appropriate

Health Ombudsman Act 2013 (Qld), s 103, s 104, s 107
Health Practitioner Regulation National Law  (Queensland), s 5

REPRESENTATION:
Applicant:	The 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. The Director of Proceedings on behalf of the Health Ombudsman (“the applicant”) has referred a health service complaint about SNA (“the respondent”) to the Tribunal pursuant to sections 103(1)(a) and 104 of the Health Ombudsman Act 2013 (“HO Act”). The applicant seeks a finding that the respondent has behaved in a way that constitutes professional misconduct within the meaning of section 5 of the Health Practitioner Regulation National Law (Queensland). 

2. The parties are agreed as to the relevant facts, including the conduct alleged, and that such conduct should be characterised as professional misconduct, and have made joint submissions as to the appropriate orders for sanction. 

3. The respondent was born on [redacted] and is currently aged 44 years, and was 38 when the alleged conduct commenced.  The respondent was first registered as a registered nurse on 4 December 1996.  She has no previous notifications on her registration history.  The respondent has worked as a nurse since she was 22 years of age and has no other qualifications or relevant work experience.  From January…