QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Health Ombudsman v Warren [2022] QCAT 124
PARTIES:
HEALTH OMBUDSMAN (applicant)
v
KAJA FRANCESCA WARREN (respondent)
APPLICATION NO/S:
OCR162-19
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
20 April 2022
HEARING DATE:
6 April 2022
HEARD AT:
Brisbane
DECISION OF:
Judicial Member R Jones
Assisted by:
Mr Andrew Cameron
Ms Laura DyerMs Margaret Ridley
ORDERS:
1. That in respect of ground 1 of the referral, the respondent behaved in a way that constituted professional misconduct.
2. That in respect of grounds 2 and 3 of the referral, the respondent behaved in a way that constituted unprofessional conduct but limited only to the breach of bail involving the assault.
3. That in respect of grounds 4, 5 and 6 of the referral, the respondent behaved in a way that constituted unprofessional conduct.
4. The respondent is reprimanded.
5. The respondent is disqualified from applying for registration as a health practitioner for a period of three years.
6. The respondent is prohibited from providing a health service in a clinical or non- clinical capacity to patients under the age of 18 years until such a time as she obtains registration as a health practitioner.
7. The interim prohibition order of the Health Ombudsman dated 23 May 2016 is set aside.
8. Each party is to bear their own costs of the proceeding.
CATCHWORDS:
PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT – where the respondent registered nurse was convicted of indecent treatment of a child under 16, sentenced to 12 months imprisonment, wholly suspended for an operational period of 2 years – where further allegations of breach of bail, false statements on registration renewal and failure to notify – where the respondent is no longer registered – whether a period of disqualification should be imposed – whether the respondent should be disqualified from providing health services
Health Ombudsman Act 2013 (Qld) s 3, 4, 107
Health Practitioner Regulation National Law (Qld) s 130
Craig v Medical Board of South Australia [2001] SASC 169
Health Ombudsman v DKM [2021] QCAT 50
Health Ombudsman v GCV [2020] QCAT 30
Nursing and Midwifery Board of Australia v Faulkner [2018] QCA 97
APPEARANCES & REPRESENTATION:
Applicant:
Townsend, N (Senior Legal Officer at the Office of the Health Ombudsman)
Respondent:
No Appearance
REASONS FOR DECISION
Introduction
This proceeding is concerned with an application brought by the Health Ombudsman (applicant) concerning a previously registered nurse, Kaja Francesca Warren (respondent).
At the hearing of this application (6 April 2022), the applicant was represented by Ms N Townsend. There was no appearance by the respondent despite her being aware of the allegations made by, and the relief sought by the applicant. That is not all that surprising in that the respondent has not practiced as a registered nurse since April 2016 and has told the applicant that she has no intention of returning to the profession. The respondent…
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- Case
- [2022] QCAT 124
- Decision Date
CaseChat Overview and Summary
The Tribunal found that the respondent's criminal offence of indecent treatment of a child under 16 constituted professional misconduct, warranting a finding of professional misconduct, a reprimand, and a period of disqualification from applying for registration as a health practitioner. The Tribunal found the breaches of bail, involving a common assault, to constitute unprofessional conduct. However, the Tribunal rejected the notion that the failures to report as required constituted unprofessional conduct. Additionally, the Tribunal found the false statement on the renewal of registration and the failure to notify relevant authorities of charges to be examples of unprofessional conduct. The Tribunal also considered the respondent's mental health issues, which were relevant to her lack of remorse and insight into the seriousness of her actions. Ultimately, the Tribunal determined that the appropriate sanction in this case was a three-year disqualification from applying for registration as a health practitioner, a prohibition on providing health services to patients under 18 years of age until registration is obtained, and the setting aside of an interim prohibition order.
In summary, the QCAT found that Kaja Francesca Warren's conduct constituted professional misconduct and unprofessional conduct in various respects. The Tribunal imposed sanctions to protect the public, including a three-year disqualification from applying for registration as a health practitioner, a prohibition on providing health services to patients under 18 years of age until registration is obtained, and the setting aside of an interim prohibition order. The Tribunal also reprimanded the respondent and ordered that each party bear their own costs of the proceeding.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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