QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Health Ombudsman v Niem Quoc Tang [2020] QCAT 165
PARTIES: HEALTH OMBUDSMAN (applicant)
v
NIEM QUOC TANG (respondent)
APPLICATION NO/S:
OCR285-18
MATTER TYPE:
Occupational regulation matters
DATE OF DECISION:
5 May 2020
DATE OF REASONS:
On the papers
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Judge Allen QC, Deputy President
Assisted by:
Ms H Barker
Mr K Murphy
Dr A TuckettORDERS: 1. As regards Charge 1, pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), the Tribunal finds that the respondent has behaved in a way that constitutes professional misconduct.
2. As regards Charge 2, pursuant to s 107(2)(b)(ii) of the Health Ombudsman Act 2013 (Qld), the Tribunal finds that the respondent has behaved in a way that constitutes unprofessional conduct.
3. Pursuant to s 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is reprimanded.
4. Each party to the proceeding must bear the party’s own costs for the proceeding.
CATCHWORDS: PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the respondent was a enrolled nurse – where the respondent committed criminal offences of dishonesty – whether such conduct should be characterised as professional misconduct or unprofessional conduct – where the respondent contravened s 130 of the Health Practitioner Regulation National Law by failing to notify the Nursing and Midwifery Board within 7 days of a relevant event – whether such conduct should be characterised as unprofessional conduct – what sanction should be imposed for professional misconduct and unprofessional conduct
Health Practitioner Regulation National Law (Queensland), s 5, s 130
Health Ombudsman Act 2013 (Qld), s 103, s 104, s 107
Nursing and Midwifery Board of Australia v McKenzie [2011] QCAT 338
Nursing and Midwifery Board of Australia v Hundy [2013] QCAT 691
Health Ombudsman v Armstrong [2018] QCAT 382
Health Ombudsman v Chaffey [2020] QCAT 54
Nursing and Midwifery Board of Australia v Williams [2013] SAHPT 1
Fittock v Legal Profession Conduct Commissioner (No 2) [2015] SASCFC 167
REPRESENTATION:
Applicant:
The Director of Proceedings, on behalf of the Health Ombudsman
Respondent:
BCE Law
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
The Director of Proceedings on behalf of the Health Ombudsman (“the applicant”) has referred a matter regarding Niem Quoc Tang (“the respondent”) to the Tribunal pursuant to s 103(1)(a) and s 104 of the Health Ombudsman Act 2013 (Qld). The applicant seeks findings that the respondent has behaved in a way that constitutes professional misconduct and unprofessional conduct and consequent orders for sanction. There is no dispute between the parties as to the relevant facts of the matter or as to appropriate orders by way of the sanction. There is a dispute between the parties as to the proper characterisation of one of the charges against the respondent and whether such admitted conduct should be characterised as professional misconduct…
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- Case
- [2020] QCAT 165
- Decision Date
CaseChat Overview and Summary
The Tribunal determined that Ms Tang's criminal offences of dishonesty constituted professional misconduct, as per s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld). The Tribunal also found that her failure to notify the Nursing and Midwifery Board within the required timeframe constituted unprofessional conduct under s 107(2)(b)(ii) of the same Act. The Tribunal concluded that the appropriate sanction for both types of misconduct was a reprimand under s 107(3)(a) of the Act.
The Tribunal found that the appropriate outcome was a reprimand, and each party was ordered to bear their own costs for the proceedings. This decision highlights the importance of compliance with notification requirements and the potential consequences of both professional and unprofessional conduct for health care professionals.
Orders
Orders of the court
1. As regards Charge 1, pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), the Tribunal finds that the respondent has behaved in a way that constitutes professional misconduct.
2. As regards Charge 2, pursuant to s 107(2)(b)(ii) of the Health Ombudsman Act 2013 (Qld), the Tribunal finds that the respondent has behaved in a way that constitutes unprofessional conduct.
3. Pursuant to s 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is reprimanded.
4. Each party to the proceeding must bear the party’s own costs for the proceeding.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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