Health Ombudsman v Tang

The Health Ombudsman took disciplinary action against Ms Tang, an enrolled nurse, who was found guilty of dishonest criminal offences. The Tribunal, under the Health Ombudsman Act 2013 (Qld), examined whether Ms Tang's conduct constituted professional misconduct or unprofessional conduct. Additionally, the Tribunal assessed whether her failure to notify the Nursing and Midwifery Board within the required timeframe as per s 130 of the Health Practitioner Regulation National Law constituted unprofessional conduct. The ultimate question was the appropriate sanction to impose for the identified misconduct.

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.