Health Ombudsman v WLG - [2024] QCAT 333

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v WLG [2024] QCAT 333

PARTIES:

THE DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN

(applicant)

v

WLG

(respondent)

APPLICATION NO:

OCR 135 of 2023

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

27 August 2024

HEARING DATE:

On-Papers Hearing

HEARD AT:

Brisbane

DECISION OF:

Judge Dann, Deputy President
Assisted by:
Dr K Forrester, Nursing Panel Member
Mr J McNab, Nursing Panel Member
Mr M Halliday, Public Panel Member

ORDERS:

The Tribunal orders that:

1.     The interim non-publication order made 14 June 2023 is vacated.

2. Pursuant to s 66(1) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), publication of:

(a)     the contents of a document or thing filed in or produced to the Tribunal;

(b)     evidence given before the Tribunal;

(c)     any order made or reasons given by the Tribunal;

is prohibited to the extent that it could identify or lead to the identification of the respondent, any victim of the respondent, or any family member of such victim, save as is provided for by the terms of this order and save as is necessary for the parties to engage in and progress these proceedings or any appeal or review arising from these proceedings.

3. Order 2 does not apply to the publication of the above information to the extent that it is published for the purpose of the applicant performing its statutory functions under the Health Ombudsman Act 2013 (Qld).

4.     Any material affected by this non-publication order shall not be copied or inspected without an order of the Tribunal, except by:

(a)     a judicial member;

(b)     a tribunal member;

(c)     an associate to a judicial officer or tribunal member appointed under relevant legislation;

(d)     any assessor appointed to assist the Tribunal;

(e)     the staff of the Tribunal registry;

(f)      any judicial officer, associate or registry staff dealing with any appeal or review arising from these proceedings; or

(g)     the parties to these proceedings or any appeal or review arising from these proceedings (including their legal representatives).

It is the decision of the Tribunal that:

1. Pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), the respondent has behaved in a way that constitutes professional misconduct.

2. Pursuant to s 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is reprimanded.

3. Pursuant to s 107(4)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is disqualified from applying for registration for a period of three years from the date of this order.

4. Pursuant to s 107(4)(b) of the Health Ombudsman Act 2013 (Qld), the respondent is prohibited from providing any health service, paid or otherwise, in a clinical or non-clinical capacity, until such time as he obtains registration as a health practitioner.

5.     Each party bears its own costs of the proceedings.

CATCHWORDS:

PROFESSIONS AND TRADES — HEALTH CARE PROFESSIONALS — DISCIPLINARY PROCEEDINGS — PROFESSIONAL MISCONDUCT — where the respondent was a registered nurse and was convicted of indecent treatment of a child…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] QCAT 333
Decision Date: 27 August 2024

CaseChat Overview and Summary

The Health Ombudsman filed proceedings against WLG, a registered nurse, before the Queensland Civil and Administrative Tribunal (QCAT). The Ombudsman alleged professional misconduct on the part of WLG, who was convicted of indecent treatment of a child. WLG admitted to the allegations and signed agreed facts but did not engage further in the proceedings. The Tribunal had to determine whether WLG’s conduct constituted professional misconduct and what sanctions, if any, should be imposed.

In assessing whether WLG’s conduct constituted professional misconduct, the Tribunal considered the agreed facts and WLG’s criminal conviction. WLG’s conviction for indecent treatment of a child was a clear indicator of professional misconduct. Additionally, WLG’s failure to engage in the proceedings after providing initial submissions further indicated a lack of remorse and a disregard for the seriousness of the allegations. Based on these factors, the Tribunal found that WLG had indeed engaged in professional misconduct.

The Tribunal imposed several sanctions on WLG in light of the findings. WLG was reprimanded and disqualified from applying for registration as a health practitioner for a period of three years. WLG was also prohibited from providing any health service until such time as he obtained registration. These sanctions were deemed necessary to protect the public and uphold the standards of the health care profession. The Tribunal also ordered that certain information related to the proceedings be protected from public disclosure, except for specific purposes, to balance the public interest in the proceedings with the privacy interests of the parties involved.

The Tribunal’s final orders included vacating an interim non-publication order and imposing the aforementioned sanctions on WLG. The Tribunal also clarified the extent to which the non-publication order applied and who could access the restricted information. Each party was ordered to bear their own costs of the proceedings.

Orders

Orders of the court

The Tribunal orders that:

1. The interim non-publication order made 14 June 2023 is vacated.

2. Pursuant to s 66(1) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), publication of:

(a) the contents of a document or thing filed in or produced to the Tribunal;

(b) evidence given before the Tribunal;

is prohibited to the extent that it could identify or lead to the identification of the respondent, any victim of the respondent, or any family member of such victim, save as is provided for by the terms of this order and save as is necessary for the parties to engage in and progress these proceedings or any appeal or review arising from these proceedings.

3. Order 2 does not apply to the publication of the above information to the extent that it is published for the purpose of the applicant performing its statutory functions under the Health Ombudsman Act 2013 (Qld).

4. Any material affected by this non-publication order shall not be copied or inspected without an order of the Tribunal, except by:

(a) a judicial member;

(b) a tribunal member;

(d) any assessor appointed to assist the Tribunal;

(e) the staff of the Tribunal registry;

(f) any judicial officer, associate or registry staff dealing with any appeal or review arising from these proceedings; or

(g) the parties to these proceedings or any appeal or review arising from these proceedings (including their legal representatives).

It is the decision of the Tribunal that:

1. Pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), the respondent has behaved in a way that constitutes professional misconduct.

2. Pursuant to s 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is reprimanded.

3. Pursuant to s 107(4)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is disqualified from applying for registration for a period of three years from the date of this order.

4. Pursuant to s 107(4)(b) of the Health Ombudsman Act 2013 (Qld), the respondent is prohibited from providing any health service, paid or otherwise, in a clinical or non-clinical capacity, until such time as he obtains registration as a health practitioner.

5. Each party bears its own costs of the proceedings.

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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