QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Health Ombudsman v SWB [2022] QCAT 267
PARTIES:
Director of proceedings on behalf of the helath ombudsman (applicant)
v
SwB (respondent)
APPLICATION NO/S:
OCR234-19
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
21 June 2022 (ex tempore)
HEARING DATE:
21 June 2022
HEARD AT:
Brisbane
DECISION OF:
Judicial Member J Robertson
Assisted by:
Dr B Manoharan
Dr J Cavanagh
Ms C Narayan
ORDERS:
1. Pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), the Tribunal decides 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.
3. Pursuant to section 107(3)(c) of the Health Ombudsman Act 2013 (Qld), the respondent is required to pay a fine in the amount of $25,000 to the Health Ombudsman within six months of the date of this order.
4. Each party must bear their own costs of the proceedings.
CATCHWORDS:
PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – MEDICAL PRACTITIONERS – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT AND UNPROFESSIONAL CONDUCT – where the respondent admits to prescribing various drugs of dependence to his then-wife and other family members for pain relief – where the responded performed surgery on his then-wife – where the respondent initially admitted these allegations but denied others – where the applicant did not pursue certain allegations and filed an amended referral – where parties now agree as to conduct and sanction - where the matter has been ongoing for over 7 years and the applicant accepts that the delay was unacceptable in the circumstances – whether the proposed sanction is appropriate in the circumstances
Health Ombudsman v Alinia [2021] QCAT 43
Health Ombudsman v Jolley [2019] QCAT 173
Health Ombudsman v ORC [2020] QCAT 181
Health Ombudsman v Veltmeyer [2021] QCAT 77
Medical Board of Australia v Griffiths [2017] VCAT 822
Medical Board of Australia v Lang & Lang [2017] SAHPT 5
Medical Board of Australia v Sevdalis (Review and Regulation) [2018] VCAT 1931
Medical Board v Evans [2013] QCAT 217
Health Ombudsman Act 2013 (Qld) s 4
Health Practitioner Regulation National Law (Qld) s 5
APPEARANCES & REPRESENTATION:
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
The disciplinary proceeding before the Tribunal proceed on the basis of an amended referral filed by the applicant on the 30th of November 2020 and the respondent’s amended response filed on 1 March 2021. The parties have filed a statement of agreed facts. There are no relevant facts in dispute, and they are agreed as to the appropriate characterisation of the respondent’s admitted conduct and the disciplinary response by way of sanction.
The referral concerns the prescribing of controlled and restricted drugs to the respondent’s then-wife (LW) and his two stepsons (JS and LS), the performance of two surgeries on LW, and inadequate record-keeping in relation to that prescribing and surgery.
The…
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- Case
- [2022] QCAT 267
- Decision Date
CaseChat Overview and Summary
The Tribunal had to determine whether the respondent's actions constituted unsatisfactory professional conduct and/or professional misconduct. The key legal issues were whether the respondent breached the Codes of Conduct by providing medical care to patients with whom he had a close personal relationship and by performing a procedure on a family member without a life-threatening emergency, and whether he failed to maintain accurate records as required by the Codes. The Tribunal also needed to consider whether the respondent's actions amounted to professional misconduct, which could result in more severe penalties, including suspension or cancellation of registration.
The Tribunal found that the respondent had breached the Codes of Conduct by providing medical care to patients with whom he had a close personal relationship and by performing surgery on a family member without a life-threatening emergency. The Tribunal also found that the respondent failed to maintain accurate records as required by the Codes. The Tribunal concluded that the respondent's conduct was unsatisfactory professional conduct and/or professional misconduct. The Tribunal decided to impose a suspension of the respondent's registration for a period of six months.
The Tribunal ordered that the respondent's registration as a medical practitioner be suspended for a period of six months, commencing on the date of the order and ending six months later. The Tribunal also ordered that the respondent pay the costs of the proceedings.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
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