Health Ombudsman v Tu

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Tu [2020] QCAT 91

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

DENNIS TU

(respondent)

APPLICATION NO/S:

OCR097-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

19 February 2020 (ex tempore)

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President
Assisted by:
Ms Mary Barnett,
Ms Jennifer Felton

Dr Anthony Tuckett

ORDERS:

1. In relation to Allegations 1, 2 and 4, pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), the Tribunal decides that the respondent has behaved in a way that constitutes professional misconduct.

2. In relation to Allegation 3, pursuant to s 107(2)(b)(ii) of the Health Ombudsman Act 2013 (Qld), the Tribunal decides that the respondent has behaved in a way that constitutes unprofessional conduct.

3. Pursuant to s 107(4)(a) of the Health Ombudsman Act 2013 (Qld), the Tribunal disqualifies the respondent from applying for registration as a registered health practitioner for a period of two years.

4.   No order as to costs.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the respondent was a enrolled nurse – where the respondent committed criminal offences of stealing as a servant and possessing dangerous drugs – where the respondent pleaded guilty to the offences in the Magistrates Court and the Supreme Court – whether such conduct should be characterised as professional misconduct – where the respondent contravened s 130 of the Health Practitioner Regulation National Law by failing to notify the Nursing & Midwifery Board within 7 days of relevant events – 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 130

Health Ombudsman Act 2013 (Qld), s 103, s 104, s 107

Health Ombudsman v Sabo [2019] QCAT 256

Nursing and Midwifery Board of Australia v Morey [2017] QCAT 249
Health Care Complaints Commission v Ashford [2015] NSW CATOD 15

Health Ombudsman v Henson [2020] QCAT 72

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

1. This is a referral of a health service complaint against Dennis Tu (“the respondent”), pursuant to s 103(1)(a) and s 104 of the Health Ombudsman Act 2013 (Qld) (“HO Act”), by the Director of Proceedings on behalf of the Health Ombudsman (“the applicant”).

2. The respondent is a 27-year-old former enrolled nurse.  He was registered from October 2013 until 28 February 2019, when his registration lapsed upon his failure to apply for its renewal.  The conduct the subject of the referral occurred between 2015 and 2018, when the respondent was aged between 22 and 25 years.  The referral contains four “Allegations”. 

3. Allegation 1 relates to the respondent’s conviction of criminal offences in the Magistrates Court on 5 May 2016.  On that day the respondent pleaded guilty to three offences, namely, one…