Health Ombudsman v Ydu

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QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION:

Health Ombudsman v YDU [2023] QCAT 493

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

YDU

(respondent)

APPLICATION NO/S:

OCR354-22

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

15 September 2023 (orders)

20 October 2023 (reasons)

Amended on 6 June 2025

HEARING DATE:

15 September 2023

HEARD AT:

Brisbane

DECISION OF:

The Hon P J Murphy SC, Judicial Member

Assisted by:

Ms F Banwell, Nurse Panel Member
Ms H Barker, Nurse Panel Member
Mr J Walsh, Public Panel Member

ORDERS:

1. The conduct of the Respondent in allegation 1 constitutes professional misconduct pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld).

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

3. Pursuant to section 107(3)(e) of the Health Ombudsman Act 2013 (Qld), the respondent’s registration is cancelled.

4. An order pursuant to section 107(4)(a) of the Health Ombudsman Act 2013 (Qld) that the respondent’s is disqualified from applying for registration as a health practitioner for a period of three years.

5. An order pursuant to section 62(2)(a)(ii) of the Health Ombudsman Act 2013 (Qld) that the immediate registration action imposed by the Health Ombudsman on 8 September 2021 is set aside.

6.     No order as to costs.

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

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

(b)     evidence given before the Tribunal;

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

(d)     any other information,

is prohibited to the extent that it could identify or lead to the identification of the respondent, [YDU], save as 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 arising from these proceedings and for the Nursing and Midwifery Board of Australia to provide information to the Office of the Health Ombudsman in the exercise of the Board’s functions under the Health Practitioner Regulation National Law (Queensland).

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPINARY PROCEEDINGS – where the respondent is a registered nurse – where the respondent was convicted of three crimes relating to child exploitation material whilst registered – where the respondent’s registration is suspended – where the respondent’s head sentence was 15 months’ imprisonment to be released forthwith and 2 years’ probation – where the respondent has no further plans to work as a nurse or in the health care industry – whether the respondent should be disqualified from registration as a nurse – whether the conduct qualifies as professional misconduct – whether the respondent should be prohibited from providing health services – where a non-publication Order was made under s 66 of the QCAT Act

Health Ombudsman Act 2013 (Qld) ss 4, 107, sch 1

Health Practitioner Regulation National Law (Qld) ss 3A, 5

Queensland Civil and Administrative Tribunal Act 2009 (Qld)…

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Details
Case
[2023] QCAT 493
Decision Date

CaseChat Overview and Summary

The matter before the court involved the Health Ombudsman, acting under the Health Ombudsman Act 2013, bringing disciplinary proceedings against YDU, a registered nurse. The respondent had been convicted of three crimes relating to child exploitation material while being registered. As a consequence, the respondent’s registration was suspended, and the respondent had no further plans to work as a nurse or in the health care industry. The Health Ombudsman sought the disqualification of the respondent from registration, a prohibition from providing health services, and various other disciplinary measures.

The central legal issues in this case were whether the respondent's conduct constituted professional misconduct under section 107 of the Health Ombudsman Act 2013, and if so, what appropriate disciplinary measures should be imposed. The court had to determine the nature of the respondent's criminal activities, their relevance to professional conduct, and the appropriate response in terms of both punitive and preventative measures.

The court found that the respondent's conduct in relation to the first allegation constituted professional misconduct as defined by section 107(2)(b)(iii) of the Act. The court considered the severity of the crimes, the respondent's position of trust as a health practitioner, and the impact of their actions on public confidence in the health care system. The court also took into account the respondent's lack of intention to return to the profession. Consequently, the court decided to reprimand the respondent, cancel their registration, and disqualify them from applying for registration as a health practitioner for three years. The court also set aside the immediate registration action imposed by the Health Ombudsman, finding it to be excessive.

The orders made by the court reflect the gravity of the respondent's actions and the need to protect the public while also considering the respondent's lack of intention to return to the profession. The non-publication order ensures the respondent's anonymity is maintained to the extent possible, balancing the public interest in the outcome of the proceedings with the respondent's right to privacy.

Orders

Orders of the court

1. The conduct of the Respondent in allegation 1 constitutes professional misconduct pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld).

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

3. Pursuant to section 107(3)(e) of the Health Ombudsman Act 2013 (Qld), the respondent’s registration is cancelled.

4. An order pursuant to section 107(4)(a) of the Health Ombudsman Act 2013 (Qld) that the respondent’s is disqualified from applying for registration as a health practitioner for a period of three years.

5. An order pursuant to section 62(2)(a)(ii) of the Health Ombudsman Act 2013 (Qld) that the immediate registration action imposed by the Health Ombudsman on 8 September 2021 is set aside.

6. No order as to costs.

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

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

(b) evidence given before the Tribunal;

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

(d) any other information,

is prohibited to the extent that it could identify or lead to the identification of the respondent, [YDU], save as 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 arising from these proceedings and for the Nursing and Midwifery Board of Australia to provide information to the Office of the Health Ombudsman in the exercise of the Board’s functions under the Health Practitioner Regulation National Law (Queensland).

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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