Health Ombudsman v Wallace

The Queensland Civil and Administrative Tribunal (QCAT) considered a matter brought by the Health Ombudsman against a former assistant in nursing, Mr Wallace. The respondent had been convicted of administering an unauthorised sedative to two residents of an aged care home where he worked. Mr Wallace did not take part in the proceeding. The Tribunal was required to determine whether it should make an order permanently prohibiting Mr Wallace from providing any health service.

The Tribunal had to consider whether Mr Wallace's conduct showed he posed a serious risk to those who are not of sound mind due to illness or disability. The decision also involved reviewing whether the previous interim prohibition order, issued on 16 June 2017, should be set aside. The legal framework guiding these considerations was found in sections 113(1) and 73(2)(a)(ii) of the Health Ombudsman Act 2013 (Qld).

The Tribunal concluded that Mr Wallace's actions demonstrated a serious risk to vulnerable individuals. It set aside the earlier interim prohibition order and issued a permanent prohibition under section 113(4)(a) of the Act. The order restricts Mr Wallace from providing any health service to persons who are not of sound mind due to illness or disability. Both parties were ordered to bear their own costs of the proceeding.