QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Health Ombudsman v Thomson [2020] QCAT 145
PARTIES: DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN (applicant)
v
ALLAN BRUCE THOMSON (respondent)
APPLICATION NO/S:
OCR132-19
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
18 May 2020
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Judicial Member D J McGill
Assisted by Ms L Dyer, Ms S Harrop and Mr J McNabb.ORDERS: 1. The Tribunal decides that the respondent has behaved in a way that constituted unprofessional conduct.
2. The Tribunal reprimands the respondent.
3. The respondent is fined the sum of $1,000, to be paid to the applicant within two months.
4. The parties bear their own costs of this proceeding.
CATCHWORDS: PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – Where respondent engaged in boundary violation with a patient – whether unprofessional conduct – whether respondent should undertake a course about professional boundaries – whether respondent should pay a fine – significant of previous incident – significance of circumstances of respondent and capacity to pay
Health Ombudsman Act 2013 (Qld) s 107
Health Practitioner Regulation National Law (Queensland) s 5.
Health Ombudsman v Kimpton [2018] QCAT 405
Health Ombudsman v Rissanen [2020] QCAT 96
Lee v Health Care Complaints Commission [2012] NSWCA 80
Medical Board of Australia v Dolar [2012] QCAT 271
Medical Board of Australia v Holding [2014] QCAT 632
Medical Board of Queensland v Martin [1998] Queensland Medical Assessment Tribunal (unreported, No 6 of 1997)
Nursing and Midwifery Board of Australia v Tainton [2014] QCAT 161
REPRESENTATION:
Applicant:
The applicant was not represented
Respondent:
Roberts & Kane Solicitors for the respondent
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
This is a reference by the applicant of disciplinary proceedings against the respondent under the Health Ombudsman Act 2013 s 103(1)(a), s 104. Under s 126 of that Act, I constitute the Tribunal. I am sitting with assessors Ms Dyer, Ms Harrop and Mr McNabb in accordance with the Act s 126; their function is to advise me in relation to questions of fact: s 127.
The respondent is a registered health practitioner for the purposes of the Health Practitioner Regulation National Law (Qld), being a registered nurse. The applicant alleges that the respondent engaged in unprofessional conduct in a particular respect, in that he engaged in inappropriate communications with a patient who was under his care at a hospital.
The parties have provided the Tribunal with an agreed statement of facts. The respondent, who has been legally represented in these proceedings, admits the grounds alleged, and that the conduct in question amounts to unprofessional conduct. The parties have provided written submissions to the Tribunal, and the hearing proceeded on the papers, in accordance with the Queensland Civil and Administrative Tribunal Act 2009 s 32.
The Tribunal accepts the facts set out in the agreed statement of facts. They,…
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- Case
- [2020] QCAT 145
- Decision Date
CaseChat Overview and Summary
The Tribunal found that Ms Thomson had indeed breached professional boundaries with a patient, which constituted unprofessional conduct. The Tribunal took into account that this was not Ms Thomson's first incident of this nature, indicating a pattern of behaviour that required addressing. The Tribunal considered the circumstances of Ms Thomson, including her capacity to pay, in determining the appropriate penalty. It was noted that Ms Thomson had limited financial means, but the Tribunal deemed it necessary to impose a fine as a deterrent and to reinforce the importance of maintaining professional boundaries. Consequently, the Tribunal ordered Ms Thomson to undertake a course on professional boundaries and imposed a fine of $1,000, to be paid within two months. The Tribunal also ordered that the parties bear their own costs of the proceeding.
Orders
Orders of the court
1. The Tribunal decides that the respondent has behaved in a way that constituted unprofessional conduct.
2. The Tribunal reprimands the respondent.
3. The respondent is fined the sum of $1,000, to be paid to the applicant within two months.
4. The parties bear their own costs of this proceeding.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.