Health Ombudsman v Wrede

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Wrede [2019] QCAT 356

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

JANKA WREDE

(respondent)

APPLICATION NO/S:

OCR004-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

4 November 2019 (ex tempore)

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President

Assisted by:
Dr J Cavanagh
Dr T Jacobson
Mr P Zimon

ORDERS:

1. Pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act 2019 (Qld), the Tribunal finds that the respondent has behaved in a way that constitutes professional misconduct;

2. Pursuant to section 107(3)(a) of the Health Ombudsman Act 2019 (Qld), the respondent is reprimanded; and 

3.   Each party must bear the party’s own costs for the proceeding.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PRACTITIONERS – MEDICAL PRACTITIONERS – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT – where the applicant instituted disciplinary proceedings against the respondent - where the disciplinary proceedings relate to the respondent being convicted on her own pleas of guilty to one count of forgery and uttering and one count of uttering a forged document – where the criminal conduct involved the respondent forging prescriptions for dexamphetamine and Vyvanse and obtaining the medications for her own use – where the respondent’s conduct occurred in circumstances where she had experienced health difficulties for some years prior to the conduct, and during a period in which she was facing challenging circumstances in both her personal and professional life – where the respondent has demonstrated insight and remorse – where the respondent has sought and continued treatment for her health issues – where the parties agree as to the characterisation of the conduct as professional misconduct – where the parties agree as to the appropriate sanction – whether the proposed sanction is appropriate

Health Ombudsman Act 2013 (Qld), s 103, s 104, s 107
Health Practitioner Regulation National Law (Queensland), s 5

REPRESENTATION:
Applicant:	The Director of Proceedings, on behalf of the Health Ombudsman
Respondent:	Fisher Dore Lawyers
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. The Director of Proceedings, on behalf of the Health Ombudsman (“the applicant”) has referred these disciplinary proceedings against Janka Wrede (“the respondent”) to this Tribunal pursuant to sections 103(1) and 104 of the Health Ombudsman Act 2013 (Qld) (“HO Act”).  The parties are agreed as to the facts of the matter, including the facts that are alleged to constitute the conduct of the respondent, its characterisation as professional misconduct and that an appropriate order for sanction is that the respondent be reprimanded. 

2. The respondent is 40 years old, born on [redacted] in Slovakia.  She first obtained her medical qualifications in Slovakia.  The respondent was first granted limited registration as a medical practitioner in Australia in September 2007.  She attained specialist registration as a paediatrician in 2013.

3. At the time of the conduct, the respondent was employed both in private practice…