Health Ombudsman v Thomson

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

1. 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.

2. 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.

3. 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.

4. The Tribunal accepts the facts set out in the agreed statement of facts.  They,…