Health Ombudsman v Ydu

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)…